GENERAL SALES CONDITIONS AT iqos.com

1. INTRODUCTION

1.1 These General terms and conditions of sale apply to the marketing of the “IQOS” brand products, as defined below, through the website iqos.com (the “Website”), managed by Philip Morris Product SA and by Philip Morris Operations a.d. Nis („PMOP “) single shareholder company, with registered office in Bulevar 12. februar 74, 18000 Niš, Srbija. Philip Morris Operations a.d Nis („PMOP“) and Philip Morris Products SA (the “Manufacturer”), with registered office in Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland, are not party to this agreement although they are the owners or licensees of the logos, trademarks, intellectual property rights presented on the Website and/or relating to the Products, as better specified in the Conditions for Use of the Website available here and to which reference should be made.

1.2 The marketing through the Website of the “IQOS” brand products is carried out under exclusive rights by the seller BAR–KOD d.o.o with registered office in Dr. Rajka Djurisca br.3, 81 000 Podgorica, Montenegro, tax code 02289334 and registration number with the Business Entities Register 5-0065951/016 (the “Seller” or “BAR–KOD”).

1.3 In accordance with Consumer protection law, the Seller's general mandatory information is as follows:

BAR–KOD d.o.o, with registered office in Dr. Rajka Djurisca br.3, 81 000 Podgorica, Montenegro, tax code 02289334 and registration number with the Business Entities Register 5-0065951/016.

 

2. DEFINITIONS

a) “General Conditions”: the general terms a conditions sale in the version published on the Website at the time of transmission of a purchase order to the Seller; 

b) “Consumer”: any natural person aged over eighteen((minimum eighteen years, which will be verified, inter alia, at the time of delivery), who purchases the Products for purposes not related to any entrepreneurial, commercial, artisan or professional activity possibly pursued by them; 

c) “Product/s”: the various types of “IQOS” portfolio products commercialized by the Philip Morris Group and marketed by the Seller through the Website; 

d) “Price/s”: the prices of the Products as indicated on the Website, at the time of transmission of a purchase order to the Seller; 

e) “Cart”: the virtual container present on the Website, in which the Products selected for purchase are placed; 

f) “Shipping”: the methods and any costs for shipping and delivery of the Products, as indicated on the Website and, in any case, within the limits of the Territory, at the time of transmission of a purchase order to the Seller; 

g) “Party/ies”: the Seller and/or the Consumer; 

h) “Territory” means the Montenegrin territory.

 

3. SUBJECT

3.1 These General Conditions have as their object the regulation of the purchase of Products through the Website.

3.2 Before carrying out any operation relating to the purchase of Products through the Website, you are invited to carefully read and accept these General Conditions. By placing any purchase order, the Consumer declares to know and accept in full these General Conditions.

 

4. THE PRODUCTS

4.1 The characteristics and the composition of the Products are those described and available on the Website, as indicated on each Product page.

4.2 Before transmitting a purchase order to the Seller, Consumers must carefully read the Products sheets description on the website.

4.3 The visual representation of the Products on the Website, if available, usually corresponds to the photographic image attached to the Product Sheets. It shall be understood that the images of Products are provided for the only purpose of presenting them for sale, and that such images do not perfectly represent the characteristics and quality of the Products, which may differ in color and size. In the event of any discrepancies between the image and the Product page, the description contained in the Product Sheet shall prevail.

 

5. THE PRICE

5.1 The Price expressed in EUR includes standard packaging costs for the Products plus VAT (if applicable) and all indirect taxes.

5.2 Prices do not include, unless otherwise indicated, shipping costs different and alternative to standard shipping, which is free. Any other shipping methods and the related costs are communicated by the Seller and indicated on the Website. The prices of the Products also do not include the cost of the payment service, where this is paid by cash on delivery it will be indicated on the Website on the order summary page before proceeding with the submission of the order. Prices are subject to change at any time without notice, but such changes do not apply to orders already placed. 

5.3 The Consumer must pay the Seller the Price, as reported in the order confirmation sent by e-mail/Viber and due pursuant to these General Conditions. If at the time of order, the Products are no longer available, it will be the BAR–KOD responsibility to promptly notify the Consumer. The Seller will also promptly refund any amount already anticipated by the Consumer and the order will be considered terminated.

5.4 Consumers are aware that ignoring the costs, charges, taxes and/or duties referred to at the preceding clauses 5.1 and 5.2, indicated at the time of transmission of the order to the Seller, does not constitute just cause for cancellation of these General Conditions and that under no circumstance shall they be allowed to debit these costs to the Seller.

 

6. TRANSMISSION OF PURCHASE ORDERS

6.1 The presentation of Products on the Website constitutes a contractual purchase proposal.

6.2 To place an order, Consumers select the Products of their liking among those available on the Website, place them in the Cart and transmit the order to the Seller. As specified in clause 6.9, the order is a contractual purchase proposal. All purchase orders can be placed in relation to one Product or multiple Products; in this latter case, the Products indicated in a single purchase order can be shipped together or separately, according to the Seller's stock availability, at no additional charge for the Consumers.

6.3 Purchase orders can be placed only by Consumers of legal age (minimum age: 18 years), who are registered with the Website or already have an account on IQOS Website. To this end, on completion of the selection of Products and related placement in the Cart, Consumer can alternatively: a) if consumer is already registered on the website, log-in by entering login credentials and thus accessing the "Personal Data" section of the IQOS account; b) if you are not yet registered, register on the Website, providing the required data, including a valid e-mail address and mobile phone number, accepting the conditions of your personal data usage and Website T&C.

6.4 After login or registration, as the case may be, Consumers can proceed to the transmission of orders, entering the requested information during purchase. Consumers can also enter a shipping address for delivery of the Products (within the limits of the Territory) and/or a telephone number to be called at in case of urgent communications by the Seller in relation to the purchase made; the address and number may be different from those indicated at the time of registration with the Website.

6.5 During completion of an order, Consumers will receive the order accompanied by an invoice, indicating the related invoicing information, including an invoicing address. Courier will perform age verification procedure. Only legal age users (18+) are allowed to receive the package.

6.6 Before placing an order, Consumer can view the order summary, with the order details, which can still be modified before submission of the order. Before placing an order with the Seller, Consumers must carefully read these General conditions, 

6.7 In order to place an order with the Seller, Consumer must:  complete the order and finally send it to the Seller, clicking on the "Complete order" button on the Website.

6.8 At the time of transmission of an order, Consumers also select the following options among those available on the Website: a) payment method, as better specified in the following clause 7; b) shipping method, where a different shipping method, other than standard shipping, is offered by the Seller.

6.9 A purchase order transmitted to the Seller has the force of a contractual purchase proposal.

 

7. PAYMENT METHOD

7.1 The Price may be paid, at the Consumer's choice, by i) credit card and debit card (Master Card, Visa, Dina, Maestro, American Express); at the terms and conditions specified below; ii) cash on delivery. The Seller reserves the right to offer other payment methods, giving proper indication thereof on the Website.

7.2 In the case of payment by credit and debit cards the order amount is exclusively charged at the time of transmission of the order confirmation referred to in clause 8.2 and clause 8.3.

7.3 In case of payment by credit card, debit card, Consumers are redirected to a protected site, and the Consumer’s details are directly verified for authenticity by the card issuers for the protection of Consumers. If, for any reason whatsoever, it is impossible to debit the amount due, the sale process shall be automatically blocked and the sale contract shall be automatically cancelled, at no charge for the Consumers and without any responsibility on the part of the Seller.

7.4 Any communications in relation to the payment and the data provided by the Consumers at the time of payment are transmitted via secure lines with full guarantee of protection, thanks to the security protocols of the payment circuits. The Payment Processor (Monri) has implemented the SSL (Secure Sockets Layer) protocol to protect the data that requires a high level of security (e.g., passwords and credit card numbers). Thanks to this technology, the information is encrypted and protected from any type of cyberattack.

7.5 In the case of cash payment on delivery, the amount due is indicated in the cart, in the order summary received by email. On the day of delivery, Consumers pay to the courier the amount in cash.

 

8. ACCEPTANCE OF ORDERS

8.1 On successful completion of the order transmission, and without prejudice to the provisions of clause 8.3, the Seller sends an order acceptance message to the Consumer's e-mail address entered at the time of registration with the Website. 

8.2 All contracts for the purchase of the Products are considered concluded at the time of receipt by the Consumers of the order confirmation referred to in clause 8.1.

8.3 If, at the time of order processing, the Products are no longer available, the Seller timely informs the Consumers of this circumstance via phone call. The Seller also promptly refunds any amount possibly paid in advance by the Consumers and the order/contract between the Parties is considered cancelled.

 

9. SHIPPING AND DELIVERY 

9.1 Having sent an order acceptance message, Consumers receive email message containing an order information, in case of fast delivery user will receive phone call from Glovo courier prior the delivery, in the case of Click & Collect, the consumer can take the order on some of the IQOS Zones.

9.2 The Products are shipped to the address indicated during purchase, in accordance with the preceding clause 6.4, and are delivered directly to the Consumer, and not to other parties, subject to verification by the courier (i) that the Consumer is of age (minimum age: 18+) as shown by a valid ID card which will be scanned by courier to confirm that user is 18+ and ID card data will not be saved anywhere during that check and (ii) that the personal information shown in said valid ID card corresponds to the name indicated in the waybill of the Consumer's order. In case of any discrepancies between the ID card and the name indicated in the waybill of the Consumer's order, or in case of refusal to exhibit a valid ID card or of minor age, the courier will not deliver the Product.

9.3 Consumers acknowledge and accept that, although the Website is potentially accessible from all over the world, shipping and delivery of the Products can only take place in, and within the limits of, the Montenegrin territory. Consumers acknowledge and accept that if the indicated address does not lie within the limits of the Territory, the related order cannot be completed and, therefore, the purchase cannot be made.

9.4 Except in cases of force majeure or unforeseeable circumstances, the Seller currently provides standard shipping method with indicative delivery up to 3 working days (excluding Saturdays and Sundays).

 

10. RIGHT TO WITHDRAW, RETURN OF PRODUCSTS, REFUNDS

10.1 Consumers have the right to withdraw from any contract concluded with the Seller, without giving any reasons, within 14 days from the day on which they acquire physical possession of all purchased Products.

10.2  The Consumers who intend to exercise the right to withdraw from the contract inform the Seller thereof, sending a notice, by communicating to the Customer Service, at the toll-free number 080 800 005, their decision to withdraw, and providing the information indicated in the standard withdrawal notice attached to these General Conditions, prescribed withdrawal form according to the consumer protection law. Customer Service sends the Consumers confirmation of the receipt of the withdrawal notice and information on how to return the products, including a shipping address. Customer Service also immediately sends the above to the Consumer's email address. To this purpose, Consumers can use, at their discretion, and without any obligation, the standard withdrawal notice attached to these General Conditions. Customer Service immediately contacts the Consumers to provide information on how to return the products, including an address to which the Products need to be shipped. Confirmation of the receipt of the withdrawal notice and the information on how to return the products are also sent in a timely manner to the Consumer's email address.

The consumer exercises the right to withdraw from the contract by a statement that he can make on the prescribed form for withdrawal from the contract concluded at a distance or in another unambiguous manner (hereinafter: a statement of withdrawal). The statement of withdrawal from the contract produces legal effect from the date on which it was completed sent to the trader.  

The buyer receives the withdrawal statement together with the purchased product and invoice.

10.3 Currently, the Seller offers a product return method through the Post of Montenegro, with no direct costs for the Consumers. To use this return method, Consumers follow the procedure indicated by the Customer Service.

10.4 Returned Products must be in the same condition as they were received by the Consumer. In any case, Consumers can be held responsible for any reduction in the Products' value caused by a product handling modality different from that reasonably required to establish their nature, characteristics and working order, or if the original packaging or any essential parts thereof (accessories, cords, instructions manuals, etc.) are missing.

10.5 In case of exercise of the right to withdraw, the Seller returns to the Consumers all the amounts paid to the Seller, including the cost of the cash payment service, if incurred, for the Products returned in the same conditions as they were received by the Consumers, within at the most 14 (fourteen) days from the date of receipt of the withdrawal notice served. In any case, the Seller is entitled to suspend any refund until actual receipt of the Products or until proof is provided by the Consumers of shipment of the Products, if prior to that, according to the modalities agreed with the Seller.

10.6 The Seller makes the refunds using the same method of payment (crediting the amount to the credit card, debit card) that was selected and used by the Consumers to place the order for which they have exercised the right to withdraw, unless otherwise expressly agreed by the parties, and except in case of cash payment on delivery. In this latter instance, in order to allow the Seller to refund the cost of the cash payment service, the Consumers provide their current account's details to credit the related amount.

10.7 In the case of returning goods and refunding funds to a customer who has previously paid with one of the payment cards, partially or in full, regardless of the reason for the return, me.iqos.com is obliged to process the refund exclusively through VISA, EC/MC, and Maestro payment methods. This means that the bank, upon the merchant’s request, will initiate the refund to the cardholder’s account.

 

11.GUARANTEE OF CONFORMITY – LEGAL GUARANTEE

11.1 The Products are covered by a legal guarantee, lasting two (2) years from delivery, in accordance with the Consumer Code.

11.2 In case of conformity defects found in the Products purchased, the Consumer is required to contact the Customer Service at the toll-free number 080 800 005 or visit nearest IQOS service touchpoint (IQOS zone), or use the email address contact.me@iqos.com, to report the defect of compliance found and to provide related evidence. The terms for initiating the direct action to assert the lack of conformity. This action must be exercised by the Consumer, in any case, within the term of twenty-four months from the delivery of the goods. In the absence of exercising this right within this period, the Consumer forfeits the guarantee.

11.3 The Customer Service carries out the necessary checks, aimed at ascertaining the validity of the guarantee and the existence or otherwise of the lack of conformity complained of, and if the defect exists, the return of the defective Products is authorized, according to the methods and to the address that will be communicated by the Customer Service itself, it being understood that the authorization to return the Products does not in itself constitute recognition of lack of conformity reported by the Consumer.

11.4 Following the verification of the lack of conformity, the Consumer has the right, at his choice and within the limits of the Consumer Code, to restore, without charge, the conformity of the Products by repair or replacement pursuant to the Consumer Code. 

11.5 The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Products and which occurs within two years from that moment. The Seller is not responsible for defects due to ordinary wear and tear or improper use of the Product by the Consumer (such as, for example, use that does not comply with the indications given on the Product Data Sheets and instruction manuals). 

 

12. PROTECTION OF CONFIDENTIAL TRANSACTION DATA 

Website me.iqos.com uses Monri WSPay for online payments. Monri WSPay is a secure system for online payments, real time credit and debit card payments, and other payment methods. Monri WSPay ensures the buyer and the merchant with the secure card data entry and transfer, which is also confirmed by PCI DSS certificate. Monri WSPay uses 256-bit SSL encryption and TLS 1.2 cryptographic protocol as the highest protection standards for data entry and transfer.

When entering payment card information, confidential details are transmitted over a public network in a secure (encrypted) form using SSL protocol and PKI system, as the most advanced cryptographic technology currently available. The security of data during purchases is guaranteed by the payment card processor. At no moment are the payment card details accessible to our system.

 

13. PERSONAL DATA PROCESSING

Personal data provided by users relating to payment instruments and data relating to payment for the purchase of products from the IQOS portfolio and made through the Website www.iqos.com (hereinafter the "Website"), as well as the data necessary for delivery of the products and the execution of the order and any post sale services, including the legal guarantee on the Products, will be processed by BAR–KOD d.o.o. with registered office Dr. Rajka Djurisca br.3, 81 000, Podgorica (hereinafter " BAR–KOD" or "Owner"), as the independent Data Controller and in compliance with Privacy Law (ZAKON O ZAŠTITI PODATAKA O LIČNOSTI, hereinafter "ZZPL") 

The data provided by users for registration on the Site are acquired directly by Philip Morris Services d.o.o, the independent data controller in the manner described in the specific information. The same will, therefore, be communicated to BAR–KOD, who will receive them as independent data controller, for the performance of the sales service and to fulfill the resulting regulatory obligations.

ORIGIN, PURPOSES AND LEGAL BASIS OF PROCESSING

Personal data is collected directly from the Data Subject by Philip Morris and in some cases by BAR–KOD, and processed in the context of registration and navigation within the Site for the following purposes:

a) allow order management and processing, invoicing and delivery of the Products ordered by the users from the Website, by BAR–KOD (seller of Philip Morris Services d.o.o, from which BAR–KOD receives some of the data required to process the orders);

b) management of post-sale activities and possible returns of the products.

The data includes, by way of example: • consumer identification data (e.g. name, surname, identification code, order ID) for the purpose of order management, billing and delivery • your contact details (e.g. email, address, zip code, telephone / mobile number) for the purpose of delivery and / or post-sale services • Tax code, useful for billing • Iban or other bank details. The provision of personal data for the purposes referred to in lett. a) and b) it is mandatory for the completion of the purchase and for any after-sales activities, for the fulfillment of legal obligations, for reasons of legitimate interest and failure to provide it does not allow to start the sales process. It is therefore not necessary to acquire specific consent from the data subjects as the legal basis of the processing is the fulfillment of contractual and / or legal obligations related to the execution of the Service.

METHOD OF DATA PROCESSING, RETENTION PERIOD AND SECURITY MEASURES

Personal Data is processed through manual and electronic means, according to logic strictly related to the aforementioned purposes and, in any case, in order to guarantee data security and confidentiality.

Without prejudice to specific obligations of the law, and in compliance with the principle of necessity sanctioned by the ZZPL, the data is processed for the time strictly necessary to fulfill the purposes for which it is collected. Data security is guaranteed by a data encryption technology called Secure Sockets Layer (abbreviated as SSL). The SSL technology encodes the information before it is exchanged over the Internet between the User's computer and BAR–KOD’s central systems, making it incomprehensible to unauthorized users and thus guaranteeing confidentiality of the information transmitted; moreover, transactions made through electronic payment systems are finalized exclusively using the platform of the Payment Service Provider (PSP).

The data will be stored in compliance with the applicable legislation for the protection of personal data for the entire period of time necessary to fulfill the purposes indicated above. The Data Controller may keep the data after delivery to comply with regulatory and / or post-contractual obligations in relation to legal requirements; subsequently, if the aforementioned reasons for the processing cease to exist, the personal data will be deleted, destroyed or simply stored anonymously.

When entering payment card data, confidential information is transmitted through a public network in a protected (encrypted) form using the SSL protocol and PKI system, as currently the most modern cryptographic technology.

Data security when purchasing is guaranteed by the payment card processor. The payment card information is not available in our system.

SCOPE OF DATA COMMUNICATION AND TRANSFER

To pursue the aforementioned purposes, BAR–KOD may communicate and have the personal data of the users/customers processed, locally or abroad, by third-party subjects with whom we have a relationship, in the sense that such third parties provide us with services at our request. We will only provide such third parties with the information necessary to render the services, adopting any measures to protect your personal data. Personal data can be communicated to competent public agencies and authorities for compliance with legal obligations or to allow the ascertainment of responsibility in the event of cybercrimes against the Website, and can be communicated to, or placed at, third parties (in their capacity as data processors or, in case of electronic communication service providers, autonomous data controllers), which provide IT services (e.g., hosting, website management and development, etc.) and which BAR–KOD uses to perform tasks and activities - including those of a technical and organizational nature - that are related to the operation of the Website. Furthermore, the data can be disclosed to third parties in the event of changes in the company's shareholding, such as mergers, sale of company or company's branches. The subjects belonging to the aforementioned categories act as separate Data Controllers or as Data Processors designated for the purpose by Co-controllers. The personal data can also be disclosed to the BAR–KOD employees/consultants expressly designated by it as Data Processors.

DATA PRIVACY PROTECTION 

In the name of me.iqos.com, we commit to safeguarding the privacy of all our customers. We collect only necessary, basic information about customers/users and data essential for business operations and user communication, following good business practices and aiming to provide quality service. We offer customers the choice, including the option to decide whether they want to be removed from mailing lists used for marketing campaigns. All data about users/customers is strictly kept confidential and accessible only to employees who require this information for their job. All employees of me.iqos.com (and business partners) are responsible for adhering to privacy protection principles.

DATA SUBJECT RIGHTS

1. Data subjects are allowed to exercise at any time the rights provided for by the law, including:

a. right of access to their personal data, obtaining proof of the purposes of processing by the Controller, the categories of personal data concerned, the recipients to whom the personal data will be disclosed, the applicable data retention period, the existence of automated decision-making processes;

b. right to obtain without any delay rectification of incorrect personal data concerning them;

c. right to obtain in applicable cases erasure of personal data;

d. right to obtain restriction of processing and object thereto, if possible;

e. right to request portability of the personal data provided to Co-controllers, i.e., receive them in a commonly used electronic form readable by automatic devices, including for transmission of such data to another Controller, within the limits and subject to the obligations set out in ZZPL. 

f. to revoke the consent, where given, without prejudice to the lawfulness of the processing based on the consent given before the revocation.

Data subjects can also lodge a complaint with a supervisory authority in accordance with ZZPL.

 

 

METHODS FOR EXERCISING THE DATA SUBJECT RIGHTS  

The user may, at any time, exercise the data subject rights according to the applicable local legislation by sending an e-mail message or a letter to be sent by ordinary mail to the Data Controller of the case, by writing to BAR–KOD d.o.o. E-mail address: bar-kod@t-com.me; Postal address: Dr. Rajka Djurisca br.3, 81 000 Podgorica, Montenegro. For information relating to the processing of data carried out on the iqos.com site, see the information available on the site. 

The Data Controller of personal data is BAR–KOD d.o.o. in the person of the pro-tempore Legal Representative. The owner can be contacted at the headquarters of BAR–KOD d.o.o. in Dr. Rajka Djurisca br.3, 81 000 Podgorica, Montenegro.