TERMS AND CONDITIONS OF WEB USE AND IQOS PRODUCT PURCHASE
Philip Morris Spain, S.L., Single Shareholder Company (“PMS”), with Company Tax ID Number 35107911, and headquarters on José Lázaro Galdiano (street), 6, 28036, Madrid. Registered in the Madrid Commercial Register Page M– 144.903, Section 8a, Book 0, Volume 16607. Email:contact.es@myiqos.com
The sale of electronic devices through the enabled electronic trading platform is conducted by Actions Data, S.L. Corporate Tax Identity No B-83103440 with its headquarters in Avenida de la Victoria, 50, 28023, EL Plantío Madrid (hereinafter, “Actions Data” or the “Seller”), exclusive owner of the products put up for sale on the present website. To this end, the following information relevant to the abovementioned company Actions Data, S.L. has been provided; Registered in the Madrid Commercial Register, volume 16.910, folio 141, section 8, page M-289188, Registration 1a.
This website has been created by PMS being informative in nature and for personal use. Accessing this site implies acknowledgment of, and agreement to the following terms and conditions.
I. TERMS AND CONDITIONS OF THE WEBSITE
This and any other website added by PMS at a subsequent date (separately referred to as a “website” and collectively, “websites”) have been put at the disposal of the public in accordance with the present conditions (the “conditions”). The websites are the property of PMS and the terms “we” and “our” refer to PMS.
1. Scope
The present conditions refer to the use of the websites. Part I of the present conditions shall at all terms prevail when using the websites. Part II of the conditions shall govern online product purchase.
2. Access to the websites
Access and browsing on this website assumes acceptance and acknowledgment of legal warnings, conditions and terms of use contained therein. PMS shall do its utmost to ensure optimal browsing and to prevent harm of any type from occurring during the latter.
The websites are meant exclusively for smokers, users of electronic cigarettes or other tobacco products, combustible or otherwise, 18 years old and above who reside in Spain. In order to access the websites, you shall be obliged to confirm that you are 18 years old or over. You may also log on and choose a username and password for your personal use. You shall undertake not to share the user number or password with any other person. As a user of the websites, you shall be obliged to take all necessary precautions to safeguard the confidentiality of the user name and password.
You shall inform us immediately if you think that: (i) someone has knowledge of your password or user name; or (ii) if there is a risk that another person is using your user name and password. You shall undertake to ensure that you have logged off from your account at the end of each session. You shall take extreme care when you log into your account from a public or shared computer, in such a way that nobody else can see or record your password or any other personal information.
We shall have the right to disable any user name, password and any other identifier chosen by the user or enabled by ourselves, at any moment at our sole discretion, for whatever reason, including if we think that you have infringed any provision of the present conditions.
PMS shall not be held liable, nor guarantee that access to this website shall be uninterrupted or free of error. Nor shall it be held liable or guarantee that the software which may be accessed through this website shall be free from errors arising from third parties. Similarly, under no circumstances shall PMS be held liable for losses, damage or harm of any type which may arise due the access or use of the website. PMS shall not be held liable in any way for failures, interruptions, faults or defects which may occur in telecommunications.
The services offered on this website may only be used correctly if the technical specifications for which they were designed are complied with.
3. Use of the website. Intellectual and Industrial Propert
PMS is the owner or licensee of all intellectual and industrial property rights of the websites and material published therein. These works are protected by international treaties and laws pertaining to intellectual and industrial property. All of these rights shall be reserved.
The present user conditions only allow for your personal and not commercial use of the websites. You may not reproduce, distribute, modify, create derivative work, exhibit or show publicly, re-publish, download, store or transmit any of the website materials, with the following exceptions: (i) your computer may temporarily store copies of the aforesaid materials in its Random Access Memory accidentally when you access or consult the latter; (ii) you may store files which are automatically kept in the browser’s temporary memory for a better presentation; (iii) you may print or download a copy of a reasonable number of website pages for your personal, but not commercial use, albeit not for subsequent reproduction, publication or distribution; and (iv) if we enable computer, mobile or other applications for downloading, you may download one single copy to your computer or mobile device exclusively for your private but not commercial use at any time and when you accept our end-user licensing agreement of the aforementioned applications.
You shall ensure that all the information you provide us with is true and accurate.
4. Links to other websites
It is possible that websites may contain links to webs of our associated networks, publicity agencies and/or affiliated companies. If you open a link to one of these webs, note that the latter have their own use and confidentiality rules and that we don’t accept any liability for such rules. We ask you to consult these rules before posting any personal information on these websites.
5. Security and limited liability
You will understand that we are unable to offer nor do we offer any guarantee that the files available for downloading on the Internet or websites are virus-free or free of other malware. It shall be your responsibility to apply adequate procedures and verifications to satisfy your particular needs for anti-virus protection and authenticity of the inputting and exit of data and to have a means other than our website for the restoration of any data that may be lost.
We will not be liable for any loss or damage caused by a Denial of Service (DoS), virus or other technologically harmful malware which may infect your computer equipment, computer programs, data or other sensitive material due to your use of websites or any other services or elements obtained through websites, or due to downloading any material posted on these, or on any other web linked to them.
Your use of websites, their content and any other services or elements obtained through the latter shall be at your own risk and expense. Websites, their content and any services or elements obtained through them shall be provided without guarantees of any nature, either explicit or implicit with respect to their integrity, safety, trustworthiness, quality, authenticity or availability. For this reason, we neither guarantee nor declare that the services or items obtained through the websites are correct, reliable, free from error, or uninterrupted, that defects shall correct themselves, that websites or servers which distribute these are free of viruses or other malware, or that websites or any other services or items thereby obtained shall meet your needs or expectations.
Neither we or our associates, licensors, service providers, employers, agents or managers shall be in any way liable for losses of whatever nature which emanate from, or are related to use or the inability to use the websites, any other web which is linked to them, any website content or other type of service or item obtained through the websites or linked websites, including all losses and damages, direct or indirect or of a consequential nature.
The aforementioned shall not affect any liability which may not be excluded or limited by virtue of any legislation currently in force.
II.GENERAL CONDITIONS GOVERNING THE ONLINE PURCHASE OF IQOS PRODUCTS
1. Product Properties
IQOS devices (“product/s” or “goods”) on sale through this webpage are the property of Actions Data Ltd, Corporate ID number B-83103440 with its headquarters on Avenida de la Victoria, 50, 28023, Madrid (hereinafter, “Actions Data”).
2. Declarations
When making a request through the Website, you guarantee that:
1. you have the legal capacity to sign contracts;
2. you are, at least, 18 years old;
3. you are resident somewhere on Spanish territory, other than the Canaries, Ceuta and Melilla;
4. you are accessing the website from a place located on the territory indicated in the previous subsection;
5. you are a consumer and a physical person, and purchase Products in your capacity as such; and
6. you are not using the website for fraudulent purposes.
3. Order
When ordering a product, you will have to follow an online purchase procedure and click on “Confirm order”. After that, you will receive an email acknowledging receipt of your order (“Confirmation of Order”). Furthermore, we shall inform you by email and/or SMS that the product is being sent (“Sending Confirmation”) giving you the possibility of changing the date and/or time slot for the delivery if you communicate it within the maximum time limit that will be indicated for the aforementioned change to take place.
4. Product Availability
All orders shall be subject to Product availability. If any difficulty arises in supplying the Product, or if there are no articles in stock, you shall be reimbursed for the payment of any amount which you may have disbursed.
5. Delivery
Except in the case of unforeseen or extraordinary circumstances, you will be sent the order which will consist of the product(s) listed in each Sending Confirmation within the period indicated on the webpage according to the selected forwarding method.
In addition, you will receive an email indicating your product’s date of delivery which you will be able to modify in accordance with the time slot of the delivery if you communicate it no later than the time to be indicated for making the aforementioned change.
If for whatever reason we are unable to comply with the date of delivery, we shall inform you of this circumstance and give you the option of going ahead with setting a new delivery date, or cancelling the order and receiving total reimbursement of the payment.
The conditions of delivery and shipment will be subject to possible changes by the company in charge of managing the shipment of the order.
For the purpose of the present Conditions, the “delivery” shall be understood to have taken place, or the order to have been “delivered” at the time in which you or a third adult eighteen years of age or above takes possession of the product material, which will be credited by means of signing a receipt of the order at the agreed delivery address.
6. Inability to deliver
If it is impossible for us to deliver your order, the latter shall be returned to the agency that the logistics operator has linked to your post code. In addition, we shall send you an email and/or an SMS explaining where your order is for you to collect it within 15 days maximum of its arrival at the branch.
In the event that your order is ready for collection, if 15 days have elapsed without delivery of the order having been taken for reasons that cannot be attributed to us, this shall imply that you desire to withdraw from the contract, which we shall consider as being dissolved. As a consequence of the termination of the contract, we shall return to you all payments received from you, including delivery charges without any undue delay and within a time-frame of 15 days from the date on which we deem the contract to have been dissolved. Please bear in mind that transport resulting from the termination of the contract may incur an additional cost, the corresponding amount of which we shall be authorised to pass onto you.
The conditions of delivery and shipment will be subject to possible changes by the company in charge of managing the shipment of the order.
7. The transfer of risk and ownership
You shall be liable for the risks of the Products as soon as it has been delivered.
You shall acquire ownership of the Products once full payment has been received for all amounts owing with regard to the latter, including shipment expenses, or precisely at the time of delivery, if this takes place subsequently.
8. Price and payment
The prices of the webpage are inclusive of VAT, but exclude shipment costs, which shall be added to the total amount owed. Prices may vary at any time, but (except as previously specified) possible changes shall not affect the orders with respect to those for which we have already sent an Order Confirmation.
Once you have selected the Products you wish to purchase, these will have been added to your basket, the next step being to process and confirm the order. In order to do this, you will have to follow the steps of the purchasing process, filling out and confirming information requested at each step. You will thus be able to modify the data of your order during the purchasing process before confirming the order.
Payment may be made in either of 2 ways:
- Credit card: After confirming the order, you shall receive a link by email in order to make payment. Upon opening it, you will access a screen where you may complete your information and confirm payment.
- In return for cash reimbursement: The exact amount of the order shall have to be paid in cash by the messenger upon delivery.
9. Value added Tax and invoicing
In compliance with the provision of article 68 of 1 of Law 37/1992, of 28th December, pertaining to Value Added Tax, in the territory where this tax applies, it shall be understood that the deliveries of moveable tangible property forming the object of shipment or transport to the point of disposal by the purchaser, will have taken place when the shipment or transport begin in the aforementioned territory. The type of VAT to be applied is that legally in force at all times depending on the tangible article in question.
10. Right of cancellation
If you are contracting as a consumer and user, you have the right to withdraw from the present contract within a period of 15 calendar days without need for justification.
The deadline for withdrawal shall expire 15 calendar days as of the day that you or a third party appointed by you, apart from the transporter, took material possession of the goods or in the event that the goods comprising your order are delivered separately, fourteen calendar days as of the day on which you or a third person appointed by you, apart from the transporter, entered into material possession of the last of those goods.
In order to exercise the right of withdrawal, you will be required to notify us by phoning customer service IQOS 900 15 20 15 or emailing us at contact.es@myiqos.com, of your decision to rescind the contract
In order to comply with the deadline for withdrawal, it is sufficient that the notification related to the exercise of this right on your part, be sent before the expiry of the relevant period.
Consequences of withdrawal
In the event of withdrawal on your part, all payments received from you shall be returned, including delivery charges (with the exception of additional charges resulting from a choice of delivery by you of a means of delivery different from the least costly means of ordinary delivery which we may offer) without any undue delay, however, no longer than 15 calendar days after the date on which we were informed of your decision to withdraw from the present contract. We shall proceed with the aforementioned reimbursement by bank transfer to the account number which, you will indicate at the time of exercising your right, as the case may be. You shall incur no expense as a consequence of the reimbursement. Notwithstanding the aforementioned, we may withhold reimbursement until receiving the goods.
You shall only be liable for the drop in value of the goods resulting from handling them in a way that is different from that required to establish the nature, characteristics and functioning of the goods.
11. Legal guarantees and restitution of faulty products
In your capacity as consumer, you shall have at your disposal a guarantee in terms of consumer and user regulation, according to which the delivered Product must be compliant with the Contract, (Legal Guarantee). The dates, scope, content and requirements of the guarantees and after sales service which we offer regarding a product may be consulted on the product itself. More information may be obtained by calling IQOS Customer Service at the toll-free number of 900152015 or by sending an email to contact.es@myiqos.com.
If you think that at the delivery time of the product did not conform to that stipulated in the contract, you will be required to contact us immediately by calling us at our toll-free number 900 15 20 15, at which time you will be informed as to how to proceed.
The product may be returned by handing it to a messenger who will be sent to your residence.
We shall proceed to examine the returned product carefully and will notify you within a reasonable time-frame if reimbursement will go ahead or a replacement of the same (as the case may be). Reimbursement or the replacement of the article shall take place as soon as possible and, in any event, within 15 days as of the date of notification leading to the reimbursement or replacement of the non-compliant article.
The amounts paid for those products which are returned because of some blemish or fault, where this is actually the case, you shall be fully reimbursed. Restitution shall take place by means of bank transfer to the account number which you will indicate at such time as you exercise your right.
12. Reclamaciones
All communication between Actions DATA and Buyer regarding this Contract may be made to the contact details of both parties indicated in the header.
III. OTHER GENERAL PROVISIONS
1. Changes to these conditions
We may revise or update the present conditions periodically at our sole and exclusive discretion. Upon publication all changes shall immediately come into force.
2. Events beyond our control
We shall not be liable for any non-compliance or delay in fulfilling any of the obligations undertaken, when the latter is caused by events beyond our reasonable control (“Cause of Force Majeure”). The causes of Force Majeure shall include any act, event, inaction, omission or accident which is beyond our reasonable control, among which are included the following:
i. Strikes, lockouts or other industrial action.
ii. Civil disorder, riots, invasion, terror attack or threat, war (declared or otherwise) or a threat of, or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemics or any other natural disaster.
iv. Halting of trains, ships, aeroplanes, motorised or other forms of transport, whether public or private.
v. Inability to use public or private telecommunications systems.
vi. Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority
It shall be understood that obligations shall remain suspended during the period in which the Cause of Force Majeure continues, and we shall grant an extension to the deadline regarding compliance with the aforementioned obligations for a period of time equal to the duration of the Cause of Force Majeure. We shall use all reasonable means to bring to an end the Cause of the Force Majeure or to find a solution which allows us to comply with our obligations despite the Cause of Force Majeure.
3. Waiver
The lack of requirement on our part for strict compliance on your part with any of the obligations undertaken by you within the scope of the contract or the present Conditions, or failure on our part to exercise the rights or actions which may apply to us by virtue of the aforementioned contract or its Conditions, shall not imply a waiver or limitation of any nature in relation to the aforementioned rights or actions, nor shall it exonerate you from complying with such obligations.
No waiver on our part of a concrete right or action shall imply a waiver of other rights or actions arising from the contract or the Conditions.
No waiver on our part of any of the present Conditions, rights or actions arising from the contract will come into effect, unless it is expressly established as being a waiver and is formalised as such and communicated to you in writing.
4. Partial Annulment
In the event of any of the present Conditions or any provision of the contract being declared null and void by a decisive ruling delivered by a competent authority, the remaining terms and conditions shall remain in force, without being affected by the aforementioned declaration of annulment.
5. Full Agreement
The present Conditions and every document to which express reference is made to the aforementioned shall comprise the full agreement existing between you and us in relation to the object of the aforementioned and shall supersede any other former covenant, agreement or promise between you and us whether verbal or written.
We and you acknowledge having consented to the signing of a contract without having relied on any statement or promise made by another party or which may be inferred from any declaration or wording in the negotiations formulated by both parties for the aforementioned, other than that which is expressly stated in the present Conditions.
Neither you nor we shall have recourse to action before any vague declaration uttered by the other party, whether verbal or written, prior to the date of the contract (unless such a vague declaration has been fraudulently made) and the only action to which the other party shall have recourse shall be through non-compliance with the contract in accordance with the provisions contained in the present Conditions.
6. TREATMENT OF PERSONAL DATA
If you want to find out the information that M ACTIONS DATA, S.L. collect about you in connection with the purchase process and how they use that information, please check the section corresponding to the ordering process.
If you want to find out the information that PHILIP MORRIS SPAIN, S.L. collect about you and how we use that information, please check the “Privacy Notice” section in this website.
7. Applicable legislation and jurisdiction
The use of our webpage and the purchase contracts of products through the said webpage shall be governed by Spanish legislation.
Any dispute which may arise or which is related to the use of the webpage or with the aforementioned contracts will be subject to the exclusive jurisdiction of Spanish courts and tribunals.