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Privacy notice

PMI CONSUMER PRIVACY NOTICE

We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.

Please also read our terms of use relating to the service you are interested in. They provide more information about the way we do business, and any restrictions on eligibility that may apply.

Who are we?

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

Find out more…

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

How do we collect information about you?

We may collect information about you in various ways.

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

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

Find out more…

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

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

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

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

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

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

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

What information about you do we collect?

We may collect various types of information about you:

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

find out more…

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

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

Information that we collect automatically will generally concern:

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

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

For what purposes do we use information about you, and on what legal basis?

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

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

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

The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):

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

find out more…

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

Purpose

Method of collection and legal basis for Processing

Comply with regulatory obligations

  • verify your age and status as a user of our products

This information is generally provided to us by you directly.

We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.

Sell our products

  • fulfil your orders (including sending receipts)
  • process your payments
  • provide warranty services

This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).

We use it to discharge our contractual obligations to you as a buyer of our products.

Provide sales-related services

  • deal with your inquiries and requests
  • correspond with you
  • general administration and troubleshooting
  • administer loyalty programs

This information is generally provided to us by you directly.

We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.

Market our products (where permitted by law)

  • understand your preferences (such as what products or events may interest you or may be better tailored to your needs) and, where permitted by law, market to you personally
  • administer loyalty programs
  • invite you to participate in, and administer, surveys or market research campaigns
  • for market research
  • develop marketing strategies
  • administer marketing campaigns
  • customize your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)

This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).

We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.

Market our products (where permitted by law)

  • provide you with information about, and to manage, PMI affiliates, their promotions, products and services, outlets, events and the regulation of our products; and to develop and improve tools to pursue these purposes

This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).

We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.

In certain countries, where required by law, we will send you these materials in electronic format only with your consent.

Support for all the above purposes

  • administering your accounts
  • enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only, administering your language preference, associating your shopping cart with you)
  • corresponding with you
  • managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service)
  • enhancing your experiences
  • administration and troubleshooting

This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).

We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.

Business analytics and improvements

  • allowing us or our business partners to inform you of potential opportunities to get involved in promoting PMI products
  • for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to our customers)

This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.

We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products, that is not overridden by interests, rights and freedoms to protect information about you.

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

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

Who do we share your information with, and for what purposes?

We may share information about you with:

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

find out more…

Sharing data with other PMI affiliates

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

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

Sharing data with Third Parties

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

Where might information about you be sent?

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

find out more…

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

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

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

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

How do we protect information about you?

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

How long will information about you be kept?

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

find out more…

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

Type

Explanation/typical retention criteria

  • marketing to you (including marketing communications) (if you use digital touchpoints and are contactable)

Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, 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.

  • marketing to you (including marketing communications) (if you are no longer in contact with us)

This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications 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.

  • marketing to you (including marketing communications) (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.

  • marketing to you (including marketing communications) (incomplete registrations)

If 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 retain your details for only 6 months to allow you to return and complete the process.

  • market research

If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), 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.

  • purchases and warranty

If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping 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.

  • 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.

  • system audit logs

System audit logs are retained typically for a period of only a few months.

  • business analytics

Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.

What rights and options do you have?

You may have some or all of the following rights in respect of information about you that we hold:

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

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

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

find out more…

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

Right in respect of the information about you that we hold

Further detail (note: certain legal limits to all these rights apply)

  • to request us to give you access to it

This is confirmation of:

  • whether or not we process information about you;
  • our name and contact details;
  • the purpose of the processing;
  • the categories of information concerned;
  • the categories of persons with whom we share the information and, where any person is outside the EEA and does not benefit from a European Commission adequacy decision, the appropriate safeguards for protecting the information;
  • (if we have it) the source of the information, if we did not collect it from you;
  • (to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and
  • the criteria for determining the period for which we will store the information.

On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).

  • to request us to rectify or update it

This applies if the information we hold is inaccurate or incomplete.

  • to request us to erase it

This applies if:

  • the information we hold is no longer necessary in relation to the purposes for which we use it;
  • we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes);
  • we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it;
  • the information was unlawfully obtained or used; or
  • to comply with a legal obligation.
  • to request us to restrict our processing of it

This right applies, temporarily while we look into your case, if you:

  • contest the accuracy of the information we use; or
  • have objected to our using the information on the basis of legitimate interest

(if you make use of your right in these cases, we will tell you before we use the information again).

This right applies also if:

  • our use is unlawful and you oppose the erasure of the data; or
  • we no longer need the data, but you require it to establish a legal case.
  • to object to our processing it

You have two rights here:

  1. if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
  2. if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
  • to withdraw your consent to our using it

This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.

  • to data portability

If:

  1. you have provided data to us; and
  2. we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,

then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.

  • to lodge a complaint with the supervisory authority in your country

Each European Economic Area country must provide for one or more public authorities for this purpose.

You can find their contact details here:

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

For other countries please consult the website of your country’s authority.

Country-specific additional points

According to which country you are in, you may have some additional rights.

If you are in France, find out more…

  • If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
  1. issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
  2. give us specific instructions that apply only to our use of information about you.

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

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

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

Who should you contact with questions?

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

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

Changes to this notice

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

Last modified 22 May 2018.

Terms of Use

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, 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, 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, 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 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:

Types of cookies

Purpose

What information is collected?

Can I refuse the use of cookies? How?

Required cookies

Required cookies enable you to navigate the digital platform and use its functions, such as access to secure areas of the digital platform and use the services provided by the platform.

Your IP address and browser information

Required cookies are necessary for the operation of the digital platform and the provision of services the platform offers and therefore, it is impossible to give up the use of this type of cookies.

Performance cookies

Used for improving functionalities and performance of the digital platform.

Information concerning the ways of using the digital platform, including information about the most frequently visited websites by you and error messages received from certain websites.

Click here, if you wish to learn how your browser settings can be used to opt out from performance cookies.

Click here, if you wish to learn how to manage privacy settings and the storage of Flash cookies.

Functional cookies

Used to remember the data you enter and choices you make (e.g. login, language, region), and provide improved and more personalized functions.

We use local shared objects, i.e. Flash cookies, in order to store information on your preferences or displayed contents, which is based on what you view on our digital platform, and ultimately personalize your visit to the platform.

Your IP address and selected preferences (e.g. language preferences)

Click here, if you wish to learn how Your browser settings can be used to opt out from functional cookies.

Please note that refusing the use of cookies may affect the functionality of the digital platform used by you.

Click here, if you wish to learn how to manage privacy settings and the storage of Flash cookies.

Cookies related to advertising and its recipients

This involves third parties in order to track and analyze how visitors use the digital platform, as well as analyze statistical information on the persons visiting the digital platform.

IP addresses and other information from web beacons (which can be found on the digital platform, in e-mails or on third party digital platforms).

Click here and here to find out more about this ad network and other ad networks, and learn how to give up using these networks.

Click here, if you wish to learn how to manage privacy settings and the storage of Flash cookies.

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.


 

 

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.