PL.IQOS.COM WEB SERVICE TERMS AND CONDITIONS

UNIFORM TEXT DATED 22.11.2018

These Terms and Conditions define the general terms and conditions for activating and using the Account as well as using services rendered by the Service Provider, and the terms of sale via https://pl.iqos.com. online store.

§ 1 DEFINITIONS

The following terms used herein shall have the following meaning:

1.              Price – gross remuneration expressed in PLN (including applicable taxes) payable to the Seller for the provision of services or for the supply of Goods to the Customer in accordance with the Sales Contract;

2.              Price of Goods – the price of Goods increased by potential costs of delivery;

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.              Hotline – a telephone channel for informing and providing services to Customers provided by the Service Provider;

5.              Customer – any natural person with full legal capacity who, acting only 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;

7.              Purchaser – any natural person with full legal capacity who, acting 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;

9.              Terms and Conditions – these terms and conditions drawn up in accordance with Article 8 of the Act on Providing Services by Electronic Means of July 18 2002;

10.           Terms of Sale – paragraph 10 hereof which defines the rules for concluding Sales Contracts for Goods offered by the Seller to the Customers via the Store. The Terms of Sale determine the rights and obligations of the Buyer and the Seller;

11.           Service Contract – a contract concluded by and between the Service Provider and the Customer which lays down the rules for 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;

12.           Sales Contract – a distance sales contract within the meaning of the Civil Code, concluded by the Purchaser and the Seller via the online Store in accordance with the Act on Consumer Rights of May 30, 2014;

13.           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;

14.           Store – a platform for supplying Goods and rendering services offered by the Seller to the Customers who are consumers within the meaning of Article 22(1) of the Civil Code, and operated by the Seller at https://pl.iqos.com; IQOS Hotline is available for a whole week from 08:00 a.m. to 10:00 p.m., except for public holidays. Cost of connection according to the operator’s rate.

15.           Seller / Service Provider – 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 into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście, 11^th 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, telephone number: 801 801 501, e-mail address: [email protected];

16.           Goods – movable items offered by the Seller via the Store (pursuant to the Terms of Sale, including accessories and components supplied to the Purchaser along with the Goods);

17.           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.

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.

§ 2 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, and 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 shall be made available solely to adult persons using tobacco products who reside in the Republic of Poland within the meaning of the applicable provision of the Civil Law, and shall be managed via the website owned by the Service Provider.

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 or correct the data entered upon the creation of the Account by using the options available in the Customer Account or the Hotline.

5.              The Customer may at any time modify, including, correct the data entered during the creation of the Account by using the options available in the Customer Account or the Hotline, except the data which remains unchanged such as a date of birth and country of residence.

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 Password can be changed in Account settings. The Customer may be given the possibility to the so-called recovery of a forgotten Password in a way specified within the Web Service.

§ 3 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.              in case such functionality is available in the future, providing registered Customers who have given applicable consent with non-public marketing information, including allowing Customers to participate in non-public activities of the Service Provider offered as part of the Web Service in accordance with legal provisions, in particular, the Act of November 9, 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 sections 1 and 2 above within the limits and in accordance with terms and conditions laid down herein. Using the services specified in sections 1 and 2 above by the Customer shall not result in the obligation of the Customer to make payment of the price to the benefit of the Service Provider.

4.              In order for the Customer to use the services specified in sections 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 using tobacco products who is a least 18 years old, residing in the Republic of Poland, and should complete an electronic submission form available at 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 section 6 above. 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. 

8.              If the Customer’s coming of age is not confirmed within 60 days from the date of submitting the form via the Web Service to the Service Provider, the Service Provider shall be entitled to terminate the Service Contract in accordance with the provisions hereof. After this period, the Customer Account shall be automatically removed from the system.

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 to provide and transfer any Content prohibited by the provisions of applicable law:

b.              refrain from the following:

-            publishing any Content 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 Content provided by the Service Provider;

-            abusing the rights granted to the Customer either by the Service Provider or under the law, i.e. using such laws in a manner that is contrary to social and economic purpose of such laws or principles of community life.

15.           Any breach of the obligations specified in sections 13 or 14 above shall be interpreted as a gross violation of these Terms and Conditions.

§ 4 TERMINATING THE SERVICE CONTRACT

1.              The Customer may terminate the Service Contract at any time by calling the Hotline under 801 801 501 or 22455 14 04 or by electronic mail by sending a request, using the contact form available at the Web Service, or by sending an email to [email protected]

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 at a minimum of 14 days’ notice for cause which shall be solely understood as (an exhaustive list) either the Customer materially breaching any provisions hereof, or the Service Provider permanently withdrawing from rendering services via electronic channels on objective grounds. The Service Provider shall send a relevant statement to the
e-mail address provided by the Customer upon the creation of the Customer Account.

§ 5 COMPLAINTS ABOUT THE SERVICES

1.              The Customer shall be entitled at any time to make complaints about the services rendered by the Service Provider.

2.              The Customer can lodge a complaint to the Service Provider in relation to the services rendered by them, in particular, in writing or via an e-mail or by contacting the Hotline. In order to expedite the process of handling complaints, please provide in the complaint notification a short description of the reasons underlying the complaint and contact information of the Customer notifying about the complaint.

3.              The complaint will be handled by the Service Provider within 14 days from the date of receipt of the Customer’s complaint notification.

§ 6 HOTLINE

The Service Provider uses the Hotline, on the telephone numbers: 48 801 801 501 or 22 455 14 04 or the Messenger application available at the address: https://www.facebook.com/iqospl to provide the Customers with information about the activities of the Service Provider. Current working hours of the Hotline are available in the Web Service, in the “Contact” tab. Customers calling the Hotline shall be charged as per normal phone call according to telecommunications tariff of the Customer’s service provider.

§ 7. PERSONAL DATA

1.              The Customers' personal data are processed in accordance with the provisions of the Act on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repeal of Directive 95/46/EC (Data Protection Directive).

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, 11^th 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 shall process the Customers’ personal data in order to implement the Service Contract and also for the purpose of managing the Account or marketing own products or services via traditional channels, as well as other purposes the Customer consented to or has been informed about prior to providing such data, or purposes which result from the Customer’s instructions or the contract between the Service Provider and the Customer (in particular, handling notifications or complaints).

4.              The Data Controller may entrust the Customers’ personal data to other entities (subcontractors or business partners), in accordance with the principles set out in the Act on Personal Data Protection and the General Data Protection Regulation. The Data Controller shall keep records of all persons authorized to process personal data.

5.              Providing any personal data by the Customers shall always be voluntary. However, failing to provide essential data, prevents the Customers from registering with the Web Service, and concluding the Service Contract.

6.              The Customer may at any time revoke their voluntary consent.

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.              The Customer who has provided their personal data to the Service Provider shall have the right to a) access the data and receive copies thereof, b) rectify the data, c) erase the data, d) limit data processing, e) object to processing, f) transfer data, g) file a complaint to the supervisory authority.

9.              For more information about the use of data by the entities from the Philip Morris International Inc. group, please refer to the document: “Privacy notice for the Consumers of Philip Morris International Inc.” available through the link in the Web Service footer.

§ 8 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.

§ 9 AMENDMENTS TO THE TERMS AND CONDITIONS

1.              These Terms and Conditions shall become effective on April 4 2017 and shall be available on the website of the Web Service.

2.              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 to orders, decisions, rulings, guidelines resulting from:

-            any decision of the public authority competent to regulate the activities carried out by the Service Provider which affects the respective 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;

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 services rendered by the Service Provider which are covered by the provisions hereof, by introducing new, modifying as well as cancelling existing functionalities or services offered to the Customer and covered by these Terms and Conditions.

3.              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.

4.              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.

§ 10 TERMS OF SALE AT THE IQOS.PL STORE

1.        CONCLUSION AND PERFORMANCE OF THE SALES CONTRACT

1.              Information provided at the Store shall constitute an offer to conclude a Sales Contract within the meaning of Article 71 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.              The Buyer may place Orders 24/7. Goods can be ordered only by the Buyer who has or will create the Account at the Store, subject to the provisions of § 3 sec. 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):

a.       The Buyer shall add a selected Good/Goods to the Cart (not more than 9 Goods of one type) and proceed 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.       The Buyer shall be able to modify the Order themselves, in particular, edit or correct it by adding/removing Goods before enabling the “Order and pay” function, subject to the fact that the given consumer cannot order more than 9 Goods of one type;

e.       The Order shall be placed with the Seller by the Purchaser by enabling the “Order and pay” 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 entitled “Order summary” and it shall include an order confirmation (the Seller’s declaration of intent to conclude a Sales Contract with the Purchaser). Should it be impossible for the Seller to accept the order, the Purchaser shall be notified thereof via e-mail. The Sales Contract shall be concluded in Polish.

g.       The Sales Contract shall be concluded at the moment specified in letter h) above;

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 of the Consumer Rights Act.

6.              The Purchaser shall be entitled to cancel or change the Order before Goods are sent. In order to change the Order, the Purchaser shall contact the Hotline. Granting the right to cancel or change the Order, shall be without prejudice to the rights of the Purchaser to withdraw from the contract in accordance with the rules specified herein. After the Order has been cancelled or changed, a confirmation of the cancellation / change will be sent to the e-mail address specified by the Purchaser upon registration.

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 § 3 sec. 15 hereof provided that the conditions laid down therein are fulfilled.

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 for the Purchaser.

2.              The Prices of Goods on the Store’s websites:

a.              include all duties and taxes due;

b.              exclude the cost of delivery (delivering Goods to the Purchaser) which are specified separately;

c.              the price of Goods on the bill of sale shall be increased by the cost of delivery.

3.              The cost of delivery shall be specified when selecting the delivery method.

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 on the Store’s website at the time (using a credit card or by online transfer);

b.              on delivery (cash on delivery).

2.              All accepted payment methods are available at the Store in the applicable tab.

3.              The payment date for the ordered Goods in the case of choosing the payment method referred to in sec. 1 a) above, is 5 days from the date of concluding the Sales Contract. Failing to make such payment despite the lapse of an additional deadline of5 days, shall constitute a condition for terminating the Sales Contract.

4.              It shall not be possible to combine different payment methods specified in sec. 1 when making payment for a single 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 of cancelling an Order placed or withdrawing from the contract) shall be made onto the credit card or to the bank account specified by the Purchaser in case of cash on delivery or e-transfer. 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. 6 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 14-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.

4.        GOODS DELIVERY

1.              Goods ordered from the Store shall be supplied only in 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 or identity of the Buyer in accordance with § 3 sec. 6 hereof. If it is impossible to verify the age or its negative result, the parcel containing the ordered Goods will not be handed over to the Purchaser.

3.              Delivery with courier services cannot be made to a PO Box address.

4.              Should the Purchaser wish to change the delivery address after the Order is placed, they shall request such change with the Purchaser (via phone or email) before the Goods are sent by the Seller.

5.              The total time of delivery (delivery time) of given Goods shall consist of the Order completion period (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 2 to 10 working days (whereas workings days shall be every workday from Monday to Friday, excluding off works days). The Seller shall inform the Buyer about impossibility of executing the Order or delivering 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.

1.              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. The Goods sent back should be packed and protected so that they will not be damaged during transport.

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 Buyer’s delay in collection of the package. Should this be the case, the Seller has the right to make an additional attempt to deliver the package, which shall be tantamount to determination, for the Buyer, of an additional time-limit for collection of the package. If the attempt of the delivery, referred to in the previous sentence, turns out to be unsuccessful, the Seller has the right to cancel the Order and withdraw from the Sales Contract and - provided that the Buyer has paid the Price - return it to the Buyer under the rules laid down in point 10.3. sec. 5 here of.

5.        WITHDRAWAL FROM THE CONTRACT

2.              The Purchaser shall be entitled to withdraw from the Sales Contract within 14 days without stating any reasons or incurring any costs other than those specified by law.

3.              The Purchaser can withdraw from the Sales Contract by providing the Seller with a relevant statement thereon. Such statement can be provided, in particular, using the contract withdrawal form specimen which constitutes Appendix No. 1 hereto (the form shall be in compliance 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.

4.              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 14-day withdrawal period or otherwise the withdrawal period will be deemed exceeded.

5.              For Sales Contracts, the limitation of the 14-day withdrawal period shall commence upon the coming into possession of the Goods by the Purchaser or a third party designated by them other than the carrier. 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.

6.              In case of withdrawal from a distance contract, such contract shall be deemed not concluded. 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.

7.              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.

8.              It is advised by the Seller to attach proof of purchase of the Goods to the returned Goods (e.g. receipt, invoice).

9.              Should the Purchaser choose a delivery method other than the cheapest and standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred by the Purchaser.

10.           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. Please, pack and secure the Goods returned appropriately to avoid damage in transit.

11.           The Goods must be returned to the following address:

Arvato-Services, Philip Morris international, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy.

12.           The Seller bears only the direct costs of returning the Goods, unless the Seller has agreed to bear them.

13.           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.

14.           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;

6.        COMPLAINTS

1.              Goods offered at the Store may be covered by the manufacturer’s or distributor’s guarantee. Detailed terms and conditions of the guarantee and its duration shall be specified in the guarantee card issued by the guarantor.

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 in relation to selected services or, regardless of that, exercise the rights granted by the Seller for the warranty against the defects of Goods.

4.              The Buyer may lodge claims on account of warranty, to which they are entitled, by calling the Hotline on the telephone numbers: 801 801 501 or 22 455 14 04 or by sending an email to the address: [email protected] It is necessary to attach a copy or scan of proof of purchase of the Goods (e.g. receipt, invoice) to the complaint.

5.              In order to expedite the process of handling complaints, please provide the complaint notification with
a short description of the reasons underlying the complaint and the Purchaser’s contact information. The Purchaser may also use the Seller’s complaint form which is delivered together with ordered Goods and available at the Store in the Returns & Complaints tab.

6.              The Seller shall be liable to the Purchaser for any physical or legal defects (warranty) related to the Goods sold. In the Goods sold are defective, the Purchaser shall be entitled to:

a.              make a statement in which they request reducing the price, or withdraw from the contract, unless the Seller shall immediately and without undue inconvenience for the Purchaser replace the defective Goods with Goods that are free of defects or remedy the said defect. The price should be 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 cannot withdraw from the contract due to negligible defects of the Goods;

b.              request replacement of defective Goods with Goods that are free of defects. 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.

7.              Instead of having the defects remedied by the Seller, the Purchaser may request the replacement of defective Goods with Gods 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 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.

8.              The Purchaser exercising warranty powers shall be obliged to deliver defective the Goods at the expense of the Seller to the following address:

Arvato-Services, Philip Morris international, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy.

9.              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.

10.           The Seller shall be liable for warranty 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 item.  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, in case of Goods purchased by the Purchaser, the limitation period cannot end before the lapse of the term referred to in the first sentence.

11.           In case of buying limited edition products, their replacement can be impossible. In that case, the seller has a right to propose for replacement for a similar product of same function, combined with refund of the cost difference if the limited product was more expensive;

12.           The Seller, at its discretion (but without infringing the statutory rights of the buyer), may undertake to repair or replace any and all components of the product with material defects or faulty workmanship, covered by a valid claim on account of voluntary guarantee provided that the product has been used in accordance with related instruction manual on use of the IQOS™ system. In case of replacement, each and every new part shall become the property of the buyer, and each and every old (replaced) part shall become the property of the entity which has carried out the replacement. Provisions of the guarantee shall be in force exclusively in the country where the product has been purchased. The guarantee terms and conditions shall not include:

a.       damage arising from normal wear and tear;

b.       superficial defects (such as scratches, dents, broken plastic etc.);

c.        damage caused by improper use, surge, improper operation, contact with liquid or fire;

d.       malfunction caused by using with an incompatible product;

e.       damage or malfunction caused by an attempt to open, modify or repair, made by the user or by the service provider that has not been accredited by the manufacturer;

f.         damage or malfunction caused by using inconsistently with the description contained in related instruction manual on use of the IQOS system.

7. 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.              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). The ODR platform can be found under the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and the Seller’s
e-mail address: [email protected]

8. THE POSSIBILITY OF HAVING RECOURSE TO AN OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM, AND THE RULES ON 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 consumer arbitration tribunals are laid down in the Regulation of the Ministry of Justice of September 25, 2001 on establishment of the rules of organization and operation of permanent consumer arbitration tribunals.

2.              Pursuant to Article 36 of the Act of December 15, 2000 on Trade Inspection, the Purchaser may request the provincial inspector of the Trade Inspection to initiate the mediation process for amicable settlement of a dispute between the Customer 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.

APPENDIX NO. 1

TO THE TERMS OF SALE AT PL.IQOS.COM

CONTRACT WITHDRAWAL FORM SPECIMEN

(complete and return this form only if you wish to withdraw from the contract)

– Addressee: Philip Morris Polska Distribution Sp. z o.o. with their registered office in Cracow, at Aleja Jana Pawła II 196, 31-982 Kraków, telephone no.: 801 801 501, electronic mail address: [email protected]

Mail address: Arvato-Services, Philip Morris international, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy.

– I/We (*) hereby give notice that I/we (*) withdraw from the contract for the supply of the following digital content(*) the contract for the supply of the following goods(*) the contract of the following specific work consisting in performing the following(*) for the provision of the following service(*)

 
– Date of the contract(*)/ Acceptance date(*): ____________________________________________________

– Full name of the consumer(s): ______________________________________________________________

– Address of the consumer(s): __________________________________________________________________

– Signature of the consumer(s) (only if the form is sent in hard copy): __________________________________

– Date: _________________________

(*) Delete as appropriate

§ 11. COOKIE POLICY

1.       About cookies

In the About cookies section you can read how the Seller uses cookies and similar tracking technologies on their digital platforms in order to automatically collect certain information about the visitors.  We explain how you can give or withdraw consent for our use of cookies, and where you can learn more.

2.       What are cookies?

Cookies are small text files which are stored on your computer whenever you visit the digital platform. Cookies are commonly used by the owners of digital platforms in order to facilitate or improve the functioning of such platforms and receive reports.

Cookies set by the owner of the digital platform are called first-party cookies. Cookies set by other persons are called third-party cookies. Third-party cookies allow for the use of certain functions or functionalities on and via the digital platform (e.g. analytical, advertisement, or video files). The parties that set third-party cookies may identify Your computer when you visit particular digital platform and some other digital platforms as well.

3.       Why do we use cookies?

We use cookies in order to collect certain information about the visitors to our digital platforms. This information may include computer IP address details, browser type or screen resolution and certain information on the behaviors and preferences of the visitors, such as language preferences or other visited websites and the duration of such visits.

This information enables us to understand how visitors use our digital platform and improve the functionality of our website. At the same time, our method of collecting this information prevents us from actually identifying visitors to our digital platform, unless they consent to disclose their identity.

4.       What cookies do we use?

The following table describes the types and purposes of cookies used by our digital platforms:

5.       Do we use targeted advertising?

No. Our digital platform does not use any cookies for targeted advertising and we do not allow any third parties to exercises such practices. Please note that it is prohibited to advertise smokers’ requisites or tobacco products.

6.       Can I monitor the use of cookies? How?

You are entitled to decide whether You give your consent for the use of cookies or not.

You can set or modify your browser controls in order to give your consent for the use of cookies or not. All browsers use different methods for managing cookies and therefore, please the read “Help” menu of your browser in order to learn more. Please not that refusing the use of cookies may have negative effect on some of the functionalities of the digital platform.

7.       How can I learn more?

In case of any questions or suggestions concerning cookies, please contact us at [email protected]          

§ 12 FINAL PROVISIONS

1.              Unless otherwise provided in applicable legislation, the Service Contract shall be governed by the law of the Republic of Poland and common courts of the Republic of Poland shall have competent jurisdiction.

2.              Selecting the law of the Republic of Poland pursuant to the Terms and Conditions shall not deprive the Customer of protection granted by the virtue of provisions which cannot be excluded from the contract between the Service Provider and the Customer in accordance with the 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 free of charge at https://pl.iqos.com and Customers may at any time view, print or download them (in PDF format) from there.