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IQOS Auto Delivery Terms And Conditions

Effective date: 4th March 2022

1. APPLICATION OF TERMS

1.1 These terms and conditions (‘Terms’) are applicable to and govern your participation in the IQOS Auto Delivery programme (‘Auto Delivery). You should read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris (New Zealand) Limited, 46 Sale Street, Auckland Central, Auckland 1010 (‘Philip Morris’, ‘we’, ‘our’, ‘us’).

1.2 By registering and signing up for IQOS Auto Delivery, you agree to be bound by these Terms which govern your IQOS Auto Delivery subscription.

1.3 Philip Morris also reserves the right to amend these Terms and IQOS Auto Delivery, without notice, at any time. If you do not agree to any such amendments, you may cancel your IQOS Auto Delivery.

1.4 Your continued use of IQOS Auto Delivery constitutes your consent to be bound by these Terms, as they may be amended from time to time.

1.5 If you do not agree (or cannot comply) with these Terms, then you are not permitted to participate in IQOS Auto Delivery.

1.6 No modification of these Terms is permitted by you unless Philip Morris expressly agrees in writing.


2. ELIGIBILITY

2.1 You are only eligible to participate in the IQOS Auto Delivery programme if you are (i) a smoker or vaper over the age of 18, (ii) a registered IQOS product user and (iii) your registered address in our IQOS database is within New Zealand.

2.2 Only individuals may participate in the IQOS Auto Delivery programme. Companies, partnerships, incorporated societies, unincorporated associations, and/or similar legal entities are not eligible.

2.3 Your subscription to IQOS Auto Delivery is at our discretion and we may terminate your right to participate in IQOS Auto Delivery for any reason, including if you breach any of these Terms.

2.4 You can only have one IQOS Auto Delivery programme active at any one time.

2.5 IQOS Auto Delivery subscriptions are only available on selected products and in certain quantities (if specified), as notified by us from time to time. We can, in our absolute discretion, choose to end the use and availability of Auto Delivery at any time.


3. IQOS AUTO DELIVERY SUBSCRIPTION

3.1 Your IQOS Auto Delivery will start on the date you have specified, once you have submitted your initial IQOS Auto Delivery order (Standard Order), together with your payment details, and acceptance of these terms and conditions.

3.2 When you subscribe for IQOS Auto Delivery, you agree to receive product(s) you have registered for on a regular fortnightly or monthly basis. You also authorise us to take payment from your nominated Visa and Mastercard credit or debit card to process your order.

3.3 Depending on your subscription, payment will be taken fortnightly or monthly after the first date on which Philip Morris processed your first Auto Delivery order.

3.4 You may modify, or cancel, your IQOS Auto Delivery if done prior to the date on which payment is to be taken from your nominated debit or credit card (“Cut-Off Date”). Modification, or cancellation, of IQOS Auto Delivery registration must be done in your registered account prior to the Cut-Off Date.

3.5 Philip Morris will send an order confirmation of your IQOS Auto Delivery to the email address in your registered profile for each order, along with our record of your payment details.

3.6 If we are unable to process payment for IQOS Auto Delivery order for any reason, your Auto Delivery subscription may be placed on hold by us. We will notify you via e-mail if this occurs and provide options to attempt resolution.


4 CUSTOMISING YOUR IQOS AUTO DELIVERY

4.1 IQOS Auto Delivery is an ongoing delivery arrangement that you can change, pause, or cancel at any time. You can make changes to your Standard Order at any time up until the Cut-Off Date. The Cut-Off Date is displayed on your IQOS Auto Delivery account dashboard.

4.2 You have the flexibility to decide what your Standard Order contains, subject to minimum and maximum quantities. Any change to IQOS Auto Delivery must be made before the Cut-Off Date.

4.3 You may customise your Standard Order to change the flavour(s) selected to any of the flavours available within New Zealand.

4.4 You may customise your Standard Order to change your delivery address provided that your new delivery address is in New Zealand.

4.5 Each customisation will automatically update your Standard Order and apply for the next and future Auto Deliveries unless modified or cancelled.

5. CHANGING YOUR IQOS AUTO DELIVERY DATE

5.1 You may temporarily change your delivery date at any time up to the Cut-Off Date. You may temporarily bring the delivery date forward by up to one week or delay it by up to one week. The subsequent IQOS Auto Delivery will revert to the schedule of your Standard Order.

5.2 You may permanently change future Standard Order delivery dates by selecting a new date range on your IQOS Auto Delivery account dashboard. If you change the delivery date after the Cut-Off Date, all following IQOS Auto Deliveries will take effect after that delivery.

5.3 Where IQOS Auto Delivery dates are permanently changed, the Cut-Off Date displayed on your IQOS Auto Delivery account dashboard will change to reflect the new date, along with the date on which payment is to be taken from your nominated credit/debit card.


6. PAUSING YOUR IQOS AUTO DELIVERY

6.1 You may pause your IQOS Auto Delivery for up to 90 days by logging into your registered account.

6.2 If your pause request is made after the Cut-Off Date, your change will take effect after that delivery.

6.3 We will try our best to ensure the availability of the products you have ordered on our Website but cannot guarantee product availability at any given time. If we are out of stock for any product in your Standard Order, we may not be able to deliver your entire order to you. If this occurs, we will pause your IQOS Auto Delivery and will not take any payment. We will also contact you to let you know what alternative products are available (if any). We will not be liable for any consequences (neither direct or indirect) suffered or incurred by you as a result of not being able to fulfil your order.

6.4 Philip Morris will place your IQOS Auto Delivery on hold in the event we are unable to deliver to your registered address. IQOS Auto Delivery is subject to our shipping and return policy. Please see our shipping and return policy for further information.


7. INCORRECT PRODUCTS SUPPLIED BY US UNDER IQOS AUTO DELIVERY

7.1 If a Product delivered to you is not what you ordered, please contact us immediately. Do not open or consume what has been supplied in error as 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.

7.2 The law regarding IQOS compatible Tobacco Sticks is different. If tobacco sticks are opened and consumed, the Smoke-free 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.


8. IQOS AUTO DELIVERY PRICING

8.1 The price of your Auto Delivery order depends on the quantities and types of products that you choose.

For IQOS VEEV Pods, any discount applied will depend on the number of pods in your plan. We will do our best to give you the best price available on iqos.co.nz at the time we process your order.

8.2 IQOS Auto Delivery customers who are also IQOS Rewards members may be able to apply IQOS Rewards against the price of the pods in their first Auto Delivery order. The price you will be charged will depend on the value of the IQOS Rewards that you apply.

Please note we cannot discount tobacco sticks or apply IQOS Rewards against them.

8.3 Any updates or revisions you make to quantities and types of products in your IQOS Auto Delivery order may change the price.


9. COMMUNICATIONS

9.1 You acknowledge and agree that by subscribing to IQOS Auto Delivery and providing us with your email address and mobile telephone number, we may send you commercial electronic messages including but not limited to communications about our products and special offers.

9.2 You may unsubscribe from our communications at any time by clicking on the ‘unsubscribe’ or ‘Opt Out’ hyperlink in our emails or texts. You can also update your email communication preferences on the ‘My Profile’ page of our website, after signing into your online IQOS account


10. YOUR OBLIGATIONS

10.1 You agree:

(a) not to misuse the IQOS Auto Delivery programme

(b) to keep your IQOS Auto Delivery account, including its password, safe and secure

(c) that you are responsible for all purchases made on your IQOS Auto Delivery account

(d) that you are responsible for all actions and changes to your IQOS Auto Delivery account in the logged in pages on your IQOS Auto Delivery dashboard

(e) that you will notify us immediately if you suspect or know that anyone has gained authorised access to your IQOS Auto Delivery account

(f) to promptly inform us when you change your address and/or payment details and provide to us your new address details and/or new payment details

(g) to comply with applicable New Zealand law; and

(h) to comply with these Terms.


11. TERMINATION OF IQOS AUTO DELIVERY

11.1 You may cancel your IQOS Auto Delivery subscription at any time, by logging in to your IQOS Auto Delivery account or by calling our Customer Care team. If you cancel after the Cut-Off Date for your next IQOS Auto Delivery, the cancellation will take effect after that delivery.

11.2 Philip Morris may terminate your IQOS Auto Delivery at any time with immediate effect if you breach these Terms.

11.3 If there is an IQOS Auto Delivery already in the process of being delivered when Philip Morris receives your notice of cancellation, the cancellation will take effect after that IQOS Auto Delivery has been made.

11.4 Upon cancellation of your IQOS Auto Delivery, no further Auto Deliveries will be made, and no further payments are due.


12. MISCELLANEOUS

12.1 These Terms are subject to the laws of New Zealand. Any legal dispute will be subject to the exclusive jurisdiction of New Zealand.

For questions, inquiries and contact information please refer to iqos.co.nz or contact us at 0800 810 433.