1. Terms associated with the website www.iqos.com
www.iqos.com (hereinafter referred to as the Website or iqos.com) and products offered on the Website (hereinafter referred to as the Products) are intended only for those users who are over 18 years of age and are residents of the Republic of Lithuania. Full use of the Website and the purchase of the products offered therein may only be made to the individuals who registered on the Website (hereinafter referred to as the Users).
2. Product sale terms on www.iqos.com
For the delivery of orders, Philip Morris has designated UAB ELIJA LT (hereinafter referred to as UAB ELIJA LT). In addition to delivering orders UAB ELIJA LT is responsible for the collection, packaging and billing of orders. Ordered Products are delivered to a location in Lithuania specified by a User. PMB reserves the right to restrict the delivery of orders to certain geographical areas. Orders to foreign countries are not accepted.
- The products sold by iqos.com, including iQOS systems (iQOS, charger, cleaning kit, USB cable, etc.) and related products (hereinafter collectively referred to as the Products) may only be acquired by Users who are over 18 years of age and who are registered on the website and residents in the Republic of Lithuania. When ordering Products, the User must ensure that the Product is not used by persons who are under the age of 18 years. Philip Morris reserves the right to change the Products offered and to withdraw certain Products from sale at any time. When registering and using the iqos.com website, each User must confirm that he/she is over the age of 18.
- Minimum and maximum order quantity, if it is not stated otherwise in iqos.com website, in one order the minimum amount that can be ordered is:
- 1 iQOS kit or
- 1 component of the iQOS system or
- Any other Product unit
- Product Availability. Philip Morris makes every effort to ensure the optimal availability of the Products offered on iqos.com. However, if an order is placed for a Product that is no longer in stock/warehouse, a notification is sent to the User by which Philip Morris informs him/her of the delay in the execution of the order or the cancellation of part or all of the order. When the order is delayed, the User can cancel the order.
- Reselling. Products sold on iqos.com are for personal use only. Any resale of iqos.com purchased products is strictly prohibited.
- Price. All prices on iqos.com are indicated in euro, including VAT.
- Payment. The user can pay in cash, credit or debit card (Visa, MasterCard) at the time of delivery. To ensure User Data Security, Philip Morris uses Secure Socket Layer (SSL) and other certified encryption technologies and systems.
- Delivery. Goods are delivered only in the territory of Lithuania. Philip Morris reserves the right to restrict the delivery of goods to certain geographical areas. In the general order, the confirmed orders are delivered to the address indicated on the booking confirmation. If the delivery of the goods fails, the User shall be informed about this. When the courier cannot deliver and contact (by telephone, SMS) the User, the parcel is returned back, and the User is informed that the goods can be re-delivered within 2 business days. If the User does not accept the parcel during the second delivery, Philip Morris or UAB ELIJA LT will terminate the order.
- Delivery Costs. Orders totaling over EUR 50 (fifty euros) are delivered free of charge. For orders in Lithuania with a total amount of less than EUR 50, the delivery fee is EUR 3. Philip Morris may change the fees shown here at any time. For all Users who wish to place an order, information on actual delivery fees is provided on the Website. Changed delivery fees will not be affected and will not apply to orders placed before the delivery fee is changed.
- Delivery time and deadlines. If the order is submitted on Mondays to Thursdays, it will usually be delivered within 2 business days. Orders submitted by Friday noon are usually delivered on Monday. Orders placed on Saturday or Sunday are usually delivered on Tuesday. If the delivery takes more than 2 business days, a message is sent to the User, in which Philip Morris or UAB ELIJA LT informs the User about the delay. If the order is delayed, the User has the right to terminate it. In the event of non-compliance with the delivery term, no compensation is payable. No specific delivery date or delivery time may be required. Orders are not delivered on Sundays and public holidays.
- Disclaimer. When damaged Products are delivered, they are returned and replaced free of charge with new ones, unless the User chooses the remedy provided by law for his/her rights when purchasing a product of inappropriate quality. Philip Morris Baltic is not liable for any damage that may be caused, including, but not limited to, loss of revenue, loss of data due to improper delivery or late delivery due to:
- Website malfunction caused by factors outside Philip Morris Baltic control (e.g. viruses, deliberate acts by third parties or Users, issues related to the User's IT infrastructure, etc.);
- incorrect delivery address or other incorrectly entered data by the User;
- theft or illegal actions of any other third parties;
- force majeure circumstances.
- Product Theft and Use. As soon as the Product is delivered to the User, Philip Morris Baltic is not liable for theft or misuse of the Product. The User must ensure that the product is not used by minors who are under the age of 18 years.
- Right of Return. The User has the right to cancel the purchase within 14 days without specifying any specific reason for refusal. The buy-back period is 14 days from the day the Products were delivered to the User. In order not to miss the buy-back period, it is sufficient for the User to send a notice of exercise of the right to cancel the expiry of this withdrawal period. To do this, the User must send an e-mail to firstname.lastname@example.org or contact Customer Service Centre at 8 800 200 90 or arrive at the designated service point (www.iQOS.com). The User must then follow the instructions received and receive Philip Morris approval before sending the Products or Products and the required documents and original packaging at iqos.com at their own expense, or bringing it/them to the designated service point. After receiving the Product, Philip Morris verifies it. In the event that all conditions for repayment are met, Philip Morris shall, with the consent of the User, reimburse the amount paid by transferring it to the credit or bank account specified in the return request. Philip Morris may change the order and rates shown here at any time. Users shall be informed about such changes on the Website, and such changes shall not affect User orders placed before such notice to Users.
The User is authorized to use the Website and other websites (hereinafter referred to as the Websites) and Apps (hereinafter referred to as the Apps) that Philip Morris Baltic (hereinafter referred to as Philip Morris Baltic) adds later in accordance with these General Conditions (hereinafter referred to as the General Conditions).
I. All provisions applicable to Philip Morris Baltic websites and apps
- Scope of Application These General Conditions apply exclusively to the Websites and Apps developed by Philip Morris Baltic and do not apply to any other websites or apps, in particular Philip Morris International Management S.A. websites and apps subject to other general conditions. By using Philip Morris Baltic Websites and/or Apps (hereafter referred to as the Services), the User automatically agrees to the General Conditions and any subsequent changes to the Websites and/or Apps.
- Access and Password of The Websites and/or Apps are for those Philip Morris iQOS product (hereinafter referred to as the Product) Users who are resident of the Republic of Lithuania and are over 18 years of age. Users must confirm their identity, age and place of residence in order to use Websites and/or Apps. In addition to that, the User must register and choose a password. The login name and password are for personal use only. The User's e-mail address is automatically considered to be the username of the User. This safety information cannot be transferred to any third party. This measure will help prevent the unauthorized use of the Websites and/or the Apps. As a User of the Websites and/or Apps, the User must take all necessary steps to protect his/her login and password and not disclose it. The User must inform Philip Morris Baltic immediately if there is reason to believe that (i) someone knows his/her password or login name, or (ii) his/her password or login name is used illegally. The User is liable for all and any damage caused by using his/her login name or password. Philip Morris Baltic does not accept any liability for damages caused by the transfer of the User's password and/or login name to a third party.
- The use of Websites and/or Apps Websites and Apps are only available in Lithuania. The Websites and/or the Apps and all of their content (especially software, files, designs, graphic elements and data) are the property of Philip Morris Baltic and are protected by copyright and trademark laws. Philip Morris Baltic expressly prohibits any unauthorized use of the Websites and/or Apps, in particular (i) any use of the Websites and/or the Apps or their content for industrial or commercial purposes, and (ii) reproducing, copying, submitting to third parties to share, notify, distribute, transmit, modify, license, transfer or otherwise commercially use the Websites and/or Apps, their content, texts, parts of the texts, still and moving images, audio files, software, Products, other services and other data and information without prior written permission from Philip Morris Baltic.
- User Obligations. The User undertakes to use the Services in accordance with these General Conditions, the applicable law, the general principles of using the Internet, the principles of social coexistence and morality, and considering the purpose of the Website, and in particular, to act in a way that does not violate rights of other people and the rights of Philip Morris Baltic. The User undertakes in particular:
- to use the Website solely for the purpose specified in these General Conditions;
- not to use the Website in such a way as to disrupt its operation or endangers its security and/or integrity, in particular by using specific software or other means (e.g. viruses, malicious software, spyware, etc.);
- to use the Website without causing significant inconvenience to other users and/or Philip Morris Baltic;
- to observe the prohibition to submit any content that is in conflict with the laws, morals or other principles of social coexistence on the Website, including:
- information related to or linking to:
- minors, i.e. persons who have not reached the age of 18 years;
- drugs, narcotics, alcohol, etc.;
- content related to the promotion of products, services or events.
- information of the specified content:
- which degrades the good name of the people involved in the business (manufacturers of any products and any service providers) and thereby damages the reputation of their products or services;
- which in any way may violate the principles of fair competition;
- which is of religious, political, racial or ethnic origin;
- which incite violence and promote racial, religious or ethnic hatred, etc.;
- which is universally considered to be immoral, socially inappropriate, vulgar;
- which offends public figures;
- including information that provides unreasonable accusations against other persons;
- which contributes to the violation of intellectual property rights;
- commentary on political issues;
- including any statement that violates or encourages violations of the law.
- information related to or linking to:
- Philip Morris Baltic rights If it is determined that the User has violated these General Conditions, Philip Morris Baltic has the right to take legal action to compensate for the loss suffered and to remove the content submitted by the User on the Website that is in conflict with these. In case of failure by the User to comply with these General Conditions, Philip Morris Baltic may, at its sole discretion, immediately terminate the User's right to use the Services (the website) in order to participate in consumer programs, to limit its access to part or all of the Services resources. A User whose actions or omissions may cause suspension or technical disruptions of the provision of the Services or the system for transferring to the Website or for communicating with the User, it is entirely liable for any damage, fees and expenses (including legal fees) incurred as a result of such a suspension or disruption
- Warranty Exceptions Philip Morris Baltic is not liable and does not provide warranty for (i) the proper functioning of the Websites and/or Apps, (ii) the availability and accessibility of the Websites and/or Apps, (iii) the integrity, accuracy and relevance of the Websites and/or Apps content, information and data, (iv) the integrity of the Websites and/or the Apps or their content, in particular that there will be no viruses and other malicious software, and (v) that there will be no specific functionality expected from the Websites and/or the Apps and their content. The User logs into the Websites and/or the Apps and uses or downloads their content at his/her own risk and at his/her own risk. Philip Morris Baltic is not liable for any loss of data or any damage to User’s information technology system. Philip Morris Baltic is not obliged to provide services, data or information, nor to resolve the technical or legal conditions necessary for the use of the Websites and/or Apps and their content in and outside of Lithuania. The Websites and/or Apps are not intended to be used outside of Lithuania. Philip Morris Baltic reserves the right to change, modify, cut, add and/or delete the Websites and/or the Apps and their content at any time without providing access to their previous version. Our Websites and/or Apps may contain links to third-party websites that Philip Morris Baltic does not control or monitor. Philip Morris Baltic is not liable for their content and the compliance of managers of these websites or apps’ actions with data protection laws.
- Disclaimer Philip Morris Baltic is not liable for any damage, including loss of income, loss of data, business interruptions, and any other kind of damage that may result from the use of Websites and/or the Apps and their content and, in particular, the use of documents and/or programs contained therein. Philip Morris Baltic is also not liable for any damage that may result from the inability to purchase or deliver goods or Products that are related to the Websites and/or the Apps.
- Consent to Collect Personal Data the User agrees that Philip Morris Baltic, in the most widely used our commercial activity meaning, i.e. by manufacturing, advertising, distributing and using the Products, as well as conducting Product-related research projects, will transmit, store, process and use the User's personal data relating to the visiting and use of the Websites and/or Apps, in particular to verify that the internal rules are followed. The User agrees that Philip Morris Baltic will use the information to contact the User for participation in Product-related research projects and/or provide the User with information about new projects, changes to the submission of projects, promotional events, any marketing activities and/or legal acts that or will be in force, as well as possible legislative initiatives related to the Products. The User allows Philip Morris Baltic to rely on and use publicly accessible information in the User’s social network profiles. This can be done to better understand the User's interests and to better customize the information provided by the User and the proposed activities. In the event that the User does not wish Philip Morris Baltic to rely on and use information about the User publicly available on the social networks, the User may at any time refuse to do so by ticking the "I agree to allow Philip Morris Baltic to rely on and use publicly available social network information that I made accessible", which can be found in the My Profile section of the Website. In addition to that, the User's data will be processed in accordance with Article 7 of these General Conditions and the laws of the Republic of Lithuania. By calling the toll-free number 8 800 200 90 or by sending a message to the dedicated e-mail address, the User may at any time withdraw the consent and request that he/she would no longer receive messages based on the tags on which the information is provided. The User confirms that the personal data provided by the User during the registration on Philip Morris Baltic Websites or Apps is correct. Upon change of any data, the User is obliged to update it.
- Data Security Data entered by the User when visiting and using Philip Morris Baltic Websites and/or Apps is collected, processed and used under the following terms and conditions:
- Collected Personal Data and Its Use In order for data to be included in our database, the User must be at least 18 years of age, smoking and residing in the Republic of Lithuania. In addition to that, he/she must indicate his/her name, surname, address, e-mail address and date of birth. Each User may also provide more information about himself/herself (during the registration or, for example, by participating in a customer survey), or provide his/her contact details (for example, a landline or cellphone number) so that we could contact him/her; we can also use this information to find out the User's interests and to tailor messages and offers to the User. At the time when the User is visiting our Website and/or the App, his/her browser automatically sends us his/her IP (Internet Protocol) address and other information (for example, which browser he/she uses), so we could immediately verify that the User is actually in the Republic of Lithuania at the time when he/she is using the Website and/or the App. When collecting private information, we do not use any cookies in the User's system. By registering on the Website, the User agrees that UAB PHILIP MORRIS BALTIC (company code 300570640, registered office at Jogailos St. 4, Vilnius, Lithuania) will collect and process any User's personal data, including, but not limited to, his/her name, age, e-mail address, customer's pictures and other information submitted by the User during the registration on the Website. The User has the right to access his/her personal data, request correction of incorrect data, disagree with the processing of his/her data and withdraw his/her consent for processing them. Philip Morris Baltic undertakes to comply with all relevant legal requirements. User personal data is processed for a maximum of 3 years after the last User action or consent has been given.
- Restrictions on the Transfer/Submission of Personal Data The information provided by or through the Websites and/or the Apps or which the User has made publicly available on the Internet by the User himself/herself will not be transferred to third parties (third parties) without the consent of the User or other legitimate data transfer basis. However, we are entitled to provide this information to related companies (for example, Philip Morris International Management SA or other affiliated companies listed on www.pmi.com), as well as to companies to which we have granted such right as service providers (e.g. UAB Elija LT legal entity code: 303363248, Veiverių St. 9B-1, Vilnius) and independent research entities operating in Lithuania and/or the European Union (the exact list is indicated here). The registered office of companies associated with us or their service providers may be established abroad; however, they process the data in accordance with the signed agreement and can only do so in carrying out their respective activities, providing services on our behalf and in accordance with security obligations. Philip Morris Baltic, its service providers and affiliated companies may disclose information about the User when required for legal reasons or requested by the appropriate authority. If the User violates the law in relation to the Website and/or the Apps (or there is any suspicion that this may be the case), Philip Morris Baltic has the right to provide the User's identity and contact details to the requesting authority.
- Protection of Personal Data Protection of personal data is one of our priorities. We apply reasoned administrative and technical measures to avoid the transmission, use, modification, or cancellation of User’s personal data that he/she provided us with when visiting or using our Website and/or Apps. In order to ensure the protection of the User's personal data, we use Secure Socket Layer (SSL) and other digital encryption technologies.
- Users Who Have Been Granted Temporary Access to the Websites and Apps Each the User who wishes to use the Website and the App on a regular basis must prove that he/she is an adult smoker and resides in the Republic of Lithuania. Therefore, the User must confirm his/her age by using the e-signature service or during the delivery time. Temporary access to the full content of the Website is not granted until User age has been verified.
- Technical Requirements In order for the User to be able to use the Website properly, the User’s information technology system must meet the following minimum technical requirements: App Browsers: latest available Google Chrome, Internet Explorer, Mozilla Firefox, Opera, Safari versions, Services are designed to be provided in the following resolution: 1024 x 768, 1280 x 1024 or higher.