GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions also contain legal information about your rights in accordance with the provisions on contracts in distance selling and electronic commerce.
1 Scope of Application, Contract Partners, Delivery Restrictions
1.1 These General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer ("you") and Philip Morris GmbH ("Philip Morris") as the operator of the online shop at https://de.iqos.com ("IQOS-Webshop"). In the course of the ordering process you accept the version of the GTC valid at the time the order is placed. Deviating or supplementary general terms and conditions of the customer shall only apply if Philip Morris has agreed to them in writing in individual cases.
1.2 These General Terms and Conditions apply to consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes which can neither largely be attributed to a commercial activity nor to a self-employed professional activity.
1.3 Your contractual partner is Philip Morris Gesellschaft mit beschränkter Haftung, Am Haag 14, 82166 Gräfelfing, Germany, registered with the commercial register of the local court of Munich under the number HRB 49432. If you have any questions, requests or complaints, please contact Philip Morris at 0800 1114767 (free of charge), or by e-mail at firstname.lastname@example.org.
1.4 The following delivery restrictions apply: (i)Philip Morris only supplies to consumers who have reached the age of 18, have their usual place of residence (billing address) in the Federal Republic of Germany and specify a German delivery address.
(ii) Within 10 calendar days you may place orders up to a maximum order value of EUR 750 incl. VAT.
2 Registration, Conclusion of Contract
2.2 The presentation of the products in the IQOS-Webshop does not constitute a binding offer of sale. The offer to conclude a purchase contract is made by you as the customer by clicking on the button "Order now subject to payment". Philip Morris may accept your offer by shipping the products within five business days. A confirmation of the receipt of your order will be sent by automated e-mail immediately after your order is submitted; this does not yet constitute an acceptance of contract by Philip Morris.
3 Delivery, Availability of Goods, Right of Withdrawal
3.1 The delivery will take place only within Germany and by parcel service (post office or courier). The shipping risk is borne by Philip Morris.
3.2 If an ordered product is not available because Philip Morris has not been supplied with the product by its suppliers through no fault of its own, Philip Morris may withdraw from the contract. In this case, Philip Morris will immediately inform you and refund any payment already made.
4 Pricing, Shipping costs
4.1 The final prices stated in the IQOS-Webshop include value added tax as required by law and all other price components.
4.2 Delivery is free of shipping costs.
5 Payment, Reservation of Title
5.1 In general, you may pay by credit card (Visa, Mastercard), Paypal or by instant transfer. In the case of credit card payments, the payment process will be handled by Arvato distribution GmbH, Carl-Bertelsmann Str. 23, 33332 Gütersloh, as well as Concardis GmbH, Am Helfmann-Park 7, 65760 Eschborn. In this case, your credit card account will be charged when the products are shipped. If payment is made by instant transfer, the payment will be processed by SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany. PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg will handle your PayPal payment. The respective terms and conditions of the contracting parties will apply.
In the event that you have purchased our products via our call center, payment will take place via Paylink. Accordingly, you will receive an e-mail from us following your purchase decision with a link to the “Paypage” operated by the service provider we’ve contracted, Arvato distribution GmbH, Carl-Bertelsmann Str. 23, 33332 Gütersloh. That company will also handle the processing of your Paylink payment. The respective terms and conditions of Arvato distribution GmbH will apply to that end.
5.2 Until payment has been made in full, the delivered products remain the property of Philip Morris.
6 Right of revocation
6.1 When concluding a distance selling transaction, consumers have a legal right of revocation, of which Philip Morris will inform you below in accordance with the legal model.
6.2 contains a model revocation form and Section
6.3 contains clarifications to the legal models and supplementaryprovisions to which Philip Morris is bound in your favour in addition to the law.
Right of revocation
You have the right to revoke this contract within fourteen days without providing any reason.
The withdrawal period is fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods. If you have ordered several goods as part of a single order and these goods are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last good.
In order to exercise your right of withdrawal, you must inform us (Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, telephone: 0800 1114767 (toll free), email: email@example.com) in the form of a clear statement (e.g., a letter sent by post, fax or e-mail ) of your decision to revoke this agreement. You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of your exercising the right of revocation before the revocation period expires.
Consequences of revocation
will reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdrawal from this Agreement. For this refund we will use the same method of payment used by you for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund your payment until we have received the goods back from you or until such time as you have provided evidence that you have returned the goods, whichever case is earlier.
You must return or hand over the goods to us (Philip Morris GmbH, c/o arvato SCM Consumer Products GmbH, Buerer Str. 351, 46282 Dorsten) immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the very latest. This period will be deemed to have been observed if you dispatch the goods before the expiration of the fourteen-day period.
You will bear the direct costs of returning the goods. You will be liable for any depreciation in the value of the goods only if such depreciation is due to any handling of the goods beyond that which is necessary to examine their nature, properties and functionality.
6.2 Philip Morris will inform you of the sample withdrawal form in accordance with the statutory provisions as follows:
Sample withdrawal form
(If you wish to revoke the contract, please fill in this form and send it back.)
–Philip Morris Limited, Am Haag 14, 82166 Gräfelfing, phone: 0800 1114767 (toll free), email: firstname.lastname@example.org
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
–order date (*)/received on (*)
–Name of the consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only for notifications on paper)
(*) Delete as applicable.
In addition to the legal requirements, the following applies for the sake of clarification and/or exclusively in your favour:
(i) In the event of revocation, you will bear the direct costs of returning the goods. However, this does not apply if you use a return label provided by Philip Morris, which you can request by calling the toll-free number 0800 1114767. In this case, Philip Morris will bear the costs of the return shipment.
(ii) (ii) The right of revocation does not exist under the law for contracts for the supply of sealed goods, which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery. Accordingly, the right of revocation in the IQOS online shop does not apply to any (individual) pack of sealed HEETS from which the seal was removed after delivery. If you have ordered the individual packages as part of a larger package unit the seals of which have been removed, you may limit your revocation to those individual packages the seals of which have not been removed after delivery, in which case Philip Morris will refund the purchase price pro rata.
7 Legal warranty and voluntary guarantee
7.1 Your rights in the event of material and title defects will be governed by the statutory provisions that apply. Philip Morris will only assume liability for damages in accordance with Clause 8.
7.2 In addition, Philip Morris will grant you a limited manufacturer's warranty for certain Products. The products for which the warranty is granted as well as the warranty conditions can be found in the IQOS Webshop. Your legal warranty rights against Philip Morris are not affected by this warranty.
8 Liability for damages
8.1 Philip Morris shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below.
8.2 In the event of breaches of duty--for whatever legal reason--Philip Morris will be responsible for intent and gross negligence in the context of culpa in contrahendo liability. Subject to a milder standard of liability under statutory provisions (e.g., for diligence in one's own affairs), Philip Morris will only be liable for ordinary negligence:
(i) for damages resulting from injury to life, limb or health, and
(ii) for damages arising from the not inconsiderable breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, liability is limited to compensation for any foreseeable, typically occurring damage.
8.3 The above limitations of liability also apply to third parties and to breaches of duty by or on behalf of persons for whose fault Philip Morris is responsible for in accordance with statutory provisions. For claims under the Product Liability Act, the statutory provisions will apply exclusively
9 Final provisions
9.1 These General Terms and Conditions and the contractual relationship with you will be governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 Should any provision of these General Terms and Conditions be invalid, the validity of the remainder of the contract remains unaffected. Instead of the invalid provision, the relevant statutory provisions will apply.
Additional important customer information
Technical procedures leading to the conclusion of the contract (shopping cart system); Correction of input errors
Before you place a binding order, you can add any products to your shopping cart without obligation to buy. You can view the contents of the shopping cart at any time without obligation. You can remove the products placed in the shopping cart from the shopping cart at any time.
If you want to purchase the products in the shopping cart, click the button "Continue to checkout" In the next step, the personal information stored in your profile will be displayed. Here you have the possibility to change your delivery address for the order. If you then click the "Next" button, you will see an overview of all the details of the order. As the last step in the order process you can now select your preferred means of payment here. By clicking on the button "Order now with payment obligation" you complete the order process. This makes your order binding. You will then be redirected to authorize and execute the payment accordingly. The successful transmission of the order and payment details will be confirmed on the website.
Storage of the contract text and accessibility for the customer
Your order will be stored by Philip Morris and can be accessed by you through your password protected user account. In your user account you can also manage your data and view order information.
The contract is concluded in the German language.
Codes of conduct to which Philip Morris has committed itself to
Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc. This can be found on the Internet at www.pmi.com
Consumer dispute settlement
Philip Morris does not participate in dispute resolution proceedings before a consumer arbitration body.
status: March 2019
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