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Terms and Conditions of certain customer post-purchase care and Support Services provided by Philip Morris (New Zealand) Limited of Ground Floor, 46 Sale Street, Auckland CBD, New Zealand, and all of Philip Morris’ related companies

Last updated: 12 October 2021

    Application of Terms/Eligibility

    • These terms and conditions (Terms) are applicable to and govern provision of the post-purchase care and support services described in sections 4 - 6 below (Services). You should read these Terms carefully because they affect your legal rights and govern your relationship with Philip Morris (New Zealand) Limited of Ground Floor, 46 Sale Street, Auckland CBD, New Zealand, and all of Philip Morris’ related companies (Philip Morris).
    • You may be eligible for the Services only if:
      • you are an IQOS user aged 18 years and over and are registered in our IQOS consumer database and
      • your main residence is within New Zealand and
      • you have registered an eligible device as described in paragraph 1 (Device) in our database at www.iqos.co.nz, or by calling our Customer Care team, or by post, or at an IQVape store, or at a participating retailer.
    • By using any of the Services, you agree to be bound by these Terms. Likewise, if you register another Device, or if we change these Terms, and you then use any of the Services, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database.
    • If you do not agree (or cannot comply) with these Terms, then you are not permitted to use the Services.
    • No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.
    • Your use of the Services is at our discretion and we may refuse your application to use, or we may terminate your right to use for any reason including if you breach any of these Terms.
    • We also reserve the right to amend these Terms and the Services upon notice at any time.

    Eligible Devices/Registration

    • The following Device models are eligible for the Services:
      • IQOS 2.4+, IQOS 3 or Holders, Chargers, and any upgraded models thereof
      • IQOS 3 MULTI
      • IQOS 3 DUO and IQOS 3 DUO Refreshed or Holders, Chargers, and any upgraded models thereof
      • IQOS VEEV
      • Any other IQOS heated tobacco or IQOS VEEV device sold by Philip Morris in the country of purchase and registration.
    • The Device must have a legible and valid serial number.
    • When registering on the IQOS database, you must accurately and completely provide all required information. It is your responsibility to keep this information up to date. If you do not complete the required fields (for example, age, email address and/or phone number), your application will not proceed. If you provide inaccurate or incomplete information, Philip Morris reserves the right to refuse to provide Services to you.
    • The Services provided are personal to you and may not be transferred to any third party.
    • Your use of Services is linked to your country of residence. As Services are only available in certain countries, if you change your country of residence, you will not be able to use the Services.

    Term and Termination

    • You may use Services only within the duration of your 12-month IQOS warranty period in the country of purchase except for that at paragraph 5.
    • Philip Morris may refuse to provide Services to you if you breach any of these Terms.

    Accidental Damage

    • If your Device suffers accidental and unintended damage that affects its functionality and this damage is not caused by deliberate misuse (Accidental Damage), you may be eligible for a replacement Device as described in this paragraph.
    • You must give the damaged Device (including all components), or part, to Philip Morris and you will be provided with a replacement device of the same type.
      • If a replacement Device of the same type is not available, a Device, in the same category, which is functionally equivalent, will be provided as replacement. Philip Morris will keep all replaced Devices.
      • If only part of the Device is damaged, for example the IQOS 3 DUO holder or the charger, then only the damaged part will be replaced. Philip Morris will only replace the damaged part and retain that part of the Device.
      • Limitations from Accidental Damage
        • You must take all reasonable steps to protect your Device from accidental damage and to only use and maintain it in accordance with provided instructions and the Device User Guide. If you do not do so, then you are not entitled to a replacement Device.
        • You are limited to one Accidental Damage replacement device for each registered Device on your account. After the first claim is settled, the eligibility for an Accidental Damage replacement device for that registered device ceases. However, you will still receive the remaining Services for your Device until the end of your membership term (registered Device warranty period).
        • You are not entitled to a replacement Device where any of the following circumstances apply:
          1. any product that is not an eligible Device defined in paragraph 1
          2. damage caused by abuse or misuse, actual or attempted modification or alteration of the Device
          3. damage caused by a power surge
          4. Devices with a serial number that have been altered, defaced, or removed
          5. Devices that have been opened, serviced, modified, or altered in a manner not authorised by Philip Morris
          6. the loss or theft of your Device
          7. cosmetic damage to your Device which does not affect its functionality, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discolouration
          8. normal wear and tear and/or usage of the Device
          9. improper handling or liquid contact
          10. damage arising from fire, flood, or an Act of God
          11. damage arising from war or terrorism
          12. malfunction caused by a non-compatible product or accessory
          13. damage or malfunction caused by failure to adhere to the Device User Guide
      • Making a claim under Accidental Damage
        • To make a claim under this section you must:
          1. report your claim to Philip Morris by contacting our New Zealand Customer Care Team on 0800 810 433 as soon as possible, but no later than 14 days following the date on which your Device suffered Accidental Damage.
          2. provide us with the following information:
            1. the serial number for the affected Device and/or
            2. description of the symptoms, problems, or cause of damage to the Device and/or
            3. error messages and/or
            4. actions taken before the Device experienced problems and any steps taken to resolve the problem.
          3. if requested by Philip Morris, you must provide proof of purchase for your Device
          4. follow all packaging and mailing instructions provided by Philip Morris for shipping the affected Device to Philip Morris
          5. adhere to Philip Morris’ return Devices authorisation process.
        • You must not send Philip Morris products and accessories that are not covered by Accidental Damage replacement. If you send Philip Morris these items, they will not be returned and will be disposed of.
        • Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, this will be provided to you in one of the following ways:
          1. Courier delivery. A replacement Device will be couriered to you and you must return the affected Device (or part) to Philip Morris
          2. Carry-in service. You can return your affected Device (or part) to an IQVape store where you will be provided with a replacement.

    International Assistance

    • You have access to international assistance when travelling to countries where eligible Devices are sold by Philip Morris, its affiliates, or an authorised partner. This service is available at +41 215 478 888 (charges may apply) and includes troubleshooting assistance and if required, Device replacement for:
      • Accidental Damage in accordance with these Terms or
      • Acceptable quality issues when used in accordance with the Device User Guide.
    • Service options, Device availability, response and delivery times may vary according to country where eligible Devices are sold by Philip Morris, its affiliates, or an authorised partner.
    • Limitations from International Assistance
      • The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance, including but not limited to:
        • damage caused by normal wear and tear
        • cosmetic damage (such as scratches, dents, broken plastic etc.)
        • damage caused by misuse, including, but not limited to a power surge, improper handling, liquid contact, fire etc
        • malfunction caused by a non-compatible product or accessory
        • damage or malfunction caused by attempt to open, modify and/or repair by the user or a service provider not accredited by Philip Morris or
        • damage or malfunction caused by failure to adhere to the Device User Guide.
    • Making a claim under International Assistance
      • To make a claim for international assistance, you must:
        • report your claim to the International Customer Service Centre by calling +41 215 478 888 (charges may apply) as soon as possible, but no later than 14 working days from the date that your Device suffered Accidental Damage or encountered acceptable quality issues when used in accordance with the Device User Guide.
        • You must provide us with the following information:
          1. the serial number for the affected Device and/or
          2. a description of the symptoms, problems, or cause of damage to the Device and/or
          3. error messages and/or
          4. actions taken before the Device experienced problems and any steps taken to resolve the problem.
            • if requested by Philip Morris, you must provide proof of purchase for your Device
            • follow all packaging and mailing instructions provided by Philip Morris for shipping the affected Device to Philip Morris
            • adhere to Philip Morris’ return Devices authorisation process.
      • Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, this will be provided to you in one of the following ways:
        • Courier delivery. A replacement Device will be couriered to an address provided by you and you must return the affected Device (or part) to Philip Morris, its affiliates or authorised partner
        • Carry-in service. You may be able to return your affected Device (or part) to an IQOS store or any such partner as advised by the International Customer Service Centre, where you will be provided with a replacement.

    Other Services

    • Personal Coach: A dedicated virtual IQOS coach will support you as you switch to IQOS. Access to this service is during normal business hours.
    • Digital Support: If you have agreed to receive communication about IQOS via email or SMS, you will receive information and guidance about how to use and maintain your Device. This support will be provided in digital form to the e-mail address entered during registration at www.iqos.co.nz.
    • Self-Diagnostic Tool: This is an online tool designed to help you diagnose and fix certain issues with your Device or to check if you may be eligible for Device replacement under your warranty or Accidental Damage Coverage.
    • Free Device Replacement Shipment: If you are eligible for a replacement device under your Device warranty or Accidental Damage Coverage service, this service provides for free shipment of your replacement device.
    • Rapid Replacement Service. This service (if available) provides for rapid replacement of your Device within a reduced timeframe. It may be in the case of Accidental Damage and/or where you have a valid claim for Device acceptable quality issues when used in accordance with the Device User Guide. For a replacement due to Accidental Damage and your Device warranty, you are limited to one Rapid Replacement Service. Eligibility for this service is determined by Philip Morris. This service is only applicable in your country of registration.

    Your Obligations.

    • As part of the Terms, you agree:
      • not to misuse the Services
      • to keep your membership account safe and secure
      • where an exchange takes place, any replacement Device (or part) becomes your property and the replaced Device (or part) becomes the property of Philip Morris or its affiliates, or an authorised partner and
      • to comply with all applicable laws.

      Warranty/Limitation of Liability

      • As these Services are free of charge, each of them is provided ‘As Is’ and without any warranty.
      • Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your use of the Services. Philip Morris shall not be liable for any of the losses described in this paragraph 2 even if you have informed Philip Morris of the possibility of such losses.
      • Nothing in this paragraph 8 excludes any liability that cannot be excluded by applicable law.

      Miscellaneous

      • None of the Services constitute an insurance policy.
      • The Services are currently provided free of charge.
      • Details of the processing of your personal data that you provide us are described in our Privacy Notice. Our Privacy Notice is available at https://www.pmiprivacy.com/en/consumer.
      • These Terms are subject to the laws of the registered office of Philip Morris. Any legal dispute will be subject to the exclusive jurisdiction of the city in which Philip Morris has its registered off ice.
      • For questions, enquiries and contact information please refer to iqos.co.nz.