Effective Date: 17 August 2019

1. ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to IQOS New Zealand. These terms and conditions are intended to help keep IQOS New Zealand a safe place to purchase. The website nz.iqos.com as well as any software applications that connect to that website (the “Website”) is owned by Philip Morris Products S.A. and the following terms and conditions are for the use of it. The following terms “Philip Morris”, “we”, “us” and “our” refer to Philip Morris (New Zealand) Limited of Ground Floor, 46 Sale Street, Auckland CBD, New Zealand and all of Philip Morris’ related companies.

The following terms “you”, “your”, “customer” and “consumer” means you and any other person who uses the Website, registers as a User or orders Products under your Account. The Website, as well as the products offered for sale on the Website (“Products”), are exclusively for consumers that are at least 18 years old and are ordinally resident in New Zealand. Only individuals who are registered on the Website are eligible for full access and for purchasing Products (“Users”).

1.1 Acceptance of terms and conditions

These terms and conditions are the terms on which Philip Morris offers you access to the Website (including the purchase of Products via the Website). By using the Website you acknowledge that you have read, understood and accept these terms and conditions (as amended from time to time) and agree to be bound by them. If you do not accept these terms and conditions, you must refrain from using the Website and, accordingly, will not be able to order Products.

1.2 Amendment of terms and conditions

As Philip Morris operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Website represents your agreement to be bound by the terms and conditions as amended.

2. CONDITIONS FOR SALE

2.1 Access, password

The Website may only be used to order Products by Users who are ordinarily resident in New Zealand and who are at least 18 years old. In order to receive full access to the Website, Users will have to register and verify their identity, age and residence. If we are unable to verify a User’s age via our automated process, we may ask a User to verify their age manually via our Customer Service Centre (CSC). This process will require the User to email us an image of a government issued form of identification. Our CSC agents will manually verify the Users age and then destroy all personally identifiable information.

We may refuse to accept your registration as a User for any reason whatsoever. Users have to register and choose a personalised username and a password (“Account”). This information must not be provided to a third party. This measure serves to prevent any unauthorised use of the Website. The User is obliged to keep their username and password secure and private.

The User is obliged to inform Philip Morris immediately if there is any reason to believe that (i) a third party may be aware of their username and password, or (ii) their username and password are being used without authorization. Philip Morris accepts no liability whatsoever for any damage caused by the transmission or unauthorised use of usernames and passwords.

2.2 Responsibility for orders placed under Account

You are responsible for every order placed under your Account. By ordering Products, you warrant that you are over the age of 18 years and we are entitled to rely on that warranty. You must ensure that no one under the age of 18 years uses your Account and you must ensure that any Products ordered by you will not be used by individuals under the age of 18 years. Philip Morris reserves the right to change the offer of Products and to remove certain Products from the market at any time.

2.3 Order Process

When the User orders Products using the Website (by providing all the necessary details as specified on the Website), you will be sent a confirmation email that contains the details of the order and also the confirmation that we have accepted the order. Orders placed through the Website constitute legal offers to purchase and are capable of being accepted by us without any further reference to you. You cannot cancel an order after it has been placed. Every User is responsible for updating their address before placing an order. In case of violation of these terms and conditions, Philip Morris has the right to cancel the User’s order and prohibit the usage of the Website by closing the appropriate account with no prior notice.

2.4 Maximum order quantity

Unless specified on the Website, you can make a maximum order of Products to the value of $2,000 NZD per month. Maximum order quantities can be changed at any time at the sole discretion of Philip Morris.

2.5 Availability of Products

Philip Morris will use its best endeavours to provide Products offered on the Website. However, if an order is placed, and the ordered Product is unavailable, we may delay the order or cancel all or part of the order without incurring any liability to you. Where we delay or cancel an order, we will send you a message informing you of the delay or cancellation of the order. We will not charge you for the portion of your order that is cancelled. In the case of possible delay you will be given the opportunity to cancel the order.

2.6 Resale

Resale of Products purchased from the Website is strictly prohibited.

2.7 Price

The prices for each Product are listed on the Website. All prices on the Website are displayed in New Zealand dollars with GST included. The prices of the Products listed on the Website do not include delivery charges. Unless otherwise stipulated, you will be charged for delivery charges in addition to the price of the Product.

2.8 Payment

Customers can pay with Credit or Debit card (Visa, MasterCard). A minimum transaction amount per order is required for free delivery. Philip Morris uses a Secure Socket Layer (SSL)-encryption as well as other certified encryption technologies and systems.

3. TERMS FOR DELIVERY

3.1 Courier and Delivery Address

Philip Morris will appoint suitably qualified couriers (“Courier”) to fulfil the delivery of orders for this Website. The Courier is, in addition to this, responsible for order compilation, packaging and billing. The ordered Products will be delivered by the Courier to the User’s place of residence in New Zealand as specified on the order confirmation (“Delivery Address”).

3.2 Acceptance of delivery and age verification

Delivery is limited to New Zealand only. Confirmed orders will be delivered to the Delivery Address. You must ensure that you, or a person authorised by you who is over the age of 18 years, is available at the Delivery Address to accept delivery of any Products. We (and/or our Courier) may refuse to complete a delivery if we (or our Courier) has reasonable grounds to believe that the delivery would have the effect of supplying a Product to persons under 18 years of age.

We (and/or our Courier) may require a person to provide proof of their age for the purposes of completing this age verification. We (and our Courier) may assume that a person aged 18+ accepting delivery of the Products at the Delivery Address is authorized by you to accept the Products. If no person is present at the Delivery Address to accept the Products, the delivery will not be made.

3.3 Failed Deliveries

In the event that the delivery has been attempted and has failed our Courier will leave a ‘Card to call’. The card will have details of when the delivery was attempted, the tracking number, and instructions on how to arrange redelivery or collection of the item. The redelivery is organised by you. You can request for collection or redelivery to a new address. If you fail to collect the Products in accordance with our Courier’s instructions within 14 days, the Products will be returned to us.

3.4 Delivery costs:

A delivery fee in New Zealand may be applied to all orders and will be advised to you during the checkout process.

3.5 Delivery period and deadlines

We cannot guarantee that delivery will occur in accordance within these timeframes. No delivery will take place on Sundays and public holidays.

3.5.1 Standard delivery for metro areas in Auckland, Wellington and Christchurch

• Order Monday to Thursday before 3:00pm / delivery next business day between 8:00am and 6:00pm
• Order Monday to Thursday after 3:00pm / delivery within 2 business days between 8:00am and 6:00pm
• Order Friday before 3:00pm / delivery Saturday between 8:00am and 1:00pm
• Order Saturday and Sunday anytime / delivery Tuesday between 8:00am and 6:00pm

3.5.2 Standard delivery for non-metro and rural areas

• Order Monday to Thursday before 3:00pm / delivery 2-3 business days between 8:00am and 6:00pm
• Order Monday to Thursday after 3:00pm / delivery 3-5 business days between 8:00am and 6:00pm
• Order Saturday and Sunday anytime / delivery 3-5 business days between 8:00am and 6:00pm

4 PRODUCTS

4.1 Damaged or spoiled Products

If you allege that a Product was damaged or spoiled prior to it being delivered to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that the Product has been damaged or spoiled, we will credit you the value of the relevant Product.

4.2 Incorrect Products

Contact us immediately if a Product delivered to you is not what you ordered. Do not open or consume what has been supplied in error. Doing so will affect your rights under the Consumer Guarantees Act (“CGA”) and may result in your debit/credit card being charged as a result. The law regarding IQOS compatible Tobacco Sticks is different. If tobacco sticks are opened and consumed, the Smokefree Environments and Regulated Products Act 1990 requires us to charge your debit/credit card for any pack(s) consumed by you. By opening and consuming tobacco sticks you also forfeit any rights under the CGA.

If a the Product that is delivered to you is not the Product you ordered, you must return the incorrect Product to us and (upon receiving the incorrect Product) we will deliver the correct Product to your Delivery Address at our cost.

4.3 Product warranties

Subject to any provisions in the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”), all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Philip Morris other than the express provisions of these terms and conditions.

The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Philip Morris does not assume any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.

4.4 Theft and use of Products:

Philip Morris accepts no liability whatsoever for theft or misuse of the Product after the Product has been delivered to the User. The Customer must ensure that the Product will not be used by any persons under the age of 18 years.

5. THE WEBSITE

5.1 Ownership of the Website

The Website can only be used in New Zealand. The Website is the property of Philip Morris and are protected by copyright and trademark laws. Philip Morris explicitly prohibits any unauthorized use of the Website and, in particular (i) any kind of usage of the Website or its content for commercial purposes, and (ii) the reproduction, copying, provision to third parties, communication, distribution, transmission, alteration, licensing, disposal or any other commercial exploration of its Website, including but not limited to its content, texts, text segments, still and moving images, audio files, software, products other services as well as all other data and information, without the prior written consent of Philip Morris.

5.2 Warranty exclusion:

Philip Morris does not accept any liability or provide any warranty whatsoever regarding (i) the correct functioning of the Website (ii) the accessibility and usability of the Website (iii) the completeness, accuracy and topicality of the content, information and data of the Website and (iv) the absence of viruses or absence of other malware on the Website.

Use of the Website is undertaken at the User’s own risk. We will use reasonable endeavours to prevent third parties from accessing your Account, but we will not be liable to you for any direct or indirect damage or loss suffered if a third party gains access to your Account.

Philip Morris is neither obliged to supply or provide any services, data or information, nor to address any technical faults on the Website. Philip Morris reserves the right to change, correct, or delete the Website and its content at any time without notice.

5.3 Third party content

This Website may contain links to other websites operated by third parties. We do not sponsor or approve the operators of, or the material on, those other websites. To the fullest extent allowed by applicable laws, we are not responsible for any material on those other websites.

5.4 Use of the Website

You agree that you will not use the Website for any unlawful purpose or in a manner prohibited by these terms and conditions. You may download content from the Website for personal use, but (other than for this limited purpose) you may not alter, modify, reproduce, transmit or distribute all or part of the Website (or any content uploaded to it) without our prior written consent.

You agree that you will not interfere with anyone’s use and enjoyment of the Website, or interfere with the operation of the Website, or Philip Morris’ systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.

6. LIABILITY

6.1 Limitation of liability

Without limiting your rights under the CGA or FTA, both parties’ liability under or in connection with these terms and conditions (including the purchase of any Product from the Website), whether in contract, tort (including negligence) or otherwise, for any loss, damage or injury is limited to the amount equivalent to the total costs paid or payable by you in connection with the Product you purchased (including any delivery or other fees).

6.2 Exclusion of liability

Without limiting your rights under the CGA or FTA, Philip Morris will not be liable to you for any loss of profit, loss of revenue, loss of business or anticipated savings (whether direct or indirect) and/or any indirect or consequential losses arising out of, or in connection with, your use of the Website or any Product. Philip Morris also assumes no liability for possible damage that could arise due to fact that it is not possible to purchase or deliver items or Products that are advertised on Websites.

7. GENERAL PROVISIONS

7.1 Collection of personal information

You agree and acknowledge that we may also collect personal information about you in accordance with our Privacy Policy (available here). In addition, you agree to us collecting and storing the information you submit when using the Website or that you provide to us in some other manner (including your name, email address, date of birth and residence). If you do not provide this information you will not be able to purchase Products from the Website. You also agree to us collecting and storing personal information that the Website may automatically collect about you. For example, when you visit our Website your browser will automatically send us your IP Address (internet protocol) and further details (for instance, what type of internet browser you are using) so we can immediately check if you are in New Zealand.

7.2 Security and storage of personal information

We take all reasonable measures at an administrative and technical level to avoid any transmission, usage, change or deletion of the personal data that you have provided us whilst visiting or using our Website. We are using the SSL-Protocol (SSL=Secure Socket Layer) as well as digital encodings and other technologies that help us to secure your personal data. Our Privacy Policy contains further details about your rights with respect to the information we hold about you, how your information will be stored and the measures we take in order to assure data security.

7.3 Use of personal information

In addition to the uses set out in the Privacy Policy, you authorize us to use your personal information for our internal business and marketing purposes, customer care, including by using your personal information to send you advertising or promotional material, to contact you regarding participation in product related market research projects and/or to provide you with information about new projects, promotional events, or any kind of marketing activities concerning IQOS or other products or services offered by Philip Morris. We will hold your personal information only for so long as is necessary to fulfil the purpose for which the information was collected. You will be able to unsubscribe from receiving promotional or marketing material from us at any time by clicking on the “unsubscribe” link on the material sent to you or by contacting the address provided in the message you have received.

7.4 Restrictions for transferring/handing over personal data

We will not disclose your personal information to third parties without your consent. You do consent to us sharing this information in accordance with our Privacy Policy, with our associated companies (for example, Philip Morris International Management S.A.) and with third parties engaged by us to provide services in connection with the operation of the Website and/or supply of Products, as well as with independent research bodies for non-commercial purposes. You also authorize us to disclose information about you if it is based on legal reasons or is being requested by authorities.

7.5 Force majeure

If we are prevented from performing our obligations under these terms and conditions by reason of force majeure (which shall include prevention occasioned by fire, casualty, accident, an act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Philip Morris) we shall be excused from such performance to the extent of such prevention.

7.6 Consumer legislation

The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA or FTA except to the extent permitted by the CGA or FTA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

7.7 Governing law

These terms and conditions are governed by New Zealand law.