PMI CONSUMER PRIVACY NOTICE
We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it.
Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.
- PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
- PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
- PMI product: means a product of ours or of another PMI affiliate.
How do we collect information about you?
We may collect information about you in various ways.
- You may provide us with information directly (e.g. filling in a form, or making a call to us).
- We may collect information automatically (e.g. when you use a PMI app or website).
- We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter).
In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).
We may collect information that you provide directly. Typically this will happen when you:
- sign up to be a member of our databases (this could be, for example, in person, via app, or online);
- purchase PMI products or services at a retail outlet;
- download, or use, a digital touchpoint (e.g. an app or a website);
- contact us through a touchpoint, or by e-mail, social media or telephone;
- register a device with us;
- subscribe to a PMI panel portal;
- register to receive PMI press releases, e-mail alerts, or marketing communications;
- participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
- attend an event that a PMI affiliate has organised.
We may collect information about you automatically. Typically this will happen when you:
- visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
- attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
- communicate with us (for example, through a touchpoint; or social media platforms);
- use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
- make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).
Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.
We may also collect information in other contexts made apparent to you at the time.
What information about you do we collect?
We may collect various types of information about you:
- information necessary to fulfil your orders
- information necessary to provide warranty services
- information you give us in forms or surveys
- information about your visits to our outlets and events
- information you give us in calls you make to call centres
- information about your preferences and interests
- information necessary to verify your age
Information that we collect from you directly will be apparent from the context in which you provide it. For example:
- if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;
- you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
- if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
- we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.
Information that we collect automatically will generally concern:
- details of your visit or call (such as time and duration);
- in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
- your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
- your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).
Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.
For what purposes do we use information about you, and on what legal basis?
In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.
Subject to the above, we use information about you for the following purposes:
- To comply with regulatory obligations, such as verifying your age and status as a user of our products
- To sell our products to you, including fulfilling your orders, processing your payments
- To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
- To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
- For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
- To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
- For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
- For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected
The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):
- compliance with a legal obligation to which we are subject;
- the performance of a contract to which you are a party;
- a legitimate business interest that is not overridden by interests you have to protect the information;
- where none of the above applies, your consent (which we will ask for before we process the information).
The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:
Method of collection and legal basis for Processing
Comply with regulatory obligations
· verify your age and status as a user of our products
This information is generally provided to us by you directly.
We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.
Sell our products
· fulfil your orders (including sending receipts)
· process your payments
· provide warranty services
This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).
We use it to discharge our contractual obligations to you as a buyer of our products.
Provide sales-related services
· deal with your inquiries and requests
· correspond with you
· general administration and troubleshooting
· administer loyalty programs
This information is generally provided to us by you directly.
We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
· understand your preferences (such as what products or events may interest you or may be better tailored to your needs) and, where permitted by law, market to you personally
· administer loyalty programs
· invite you to participate in, and administer, surveys or market research campaigns
· for market research
· develop marketing strategies
· administer marketing campaigns
· customize your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)
This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
· provide you with information about, and to manage, PMI affiliates, their promotions, products and services, outlets, events and the regulation of our products; and to develop and improve tools to pursue these purposes
This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.
In certain countries, where required by law, we will send you these materials in electronic format only with your consent.
Support for all the above purposes
· administering your accounts
· enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only, administering your language preference, associating your shopping cart with you)
· corresponding with you
· managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service)
· enhancing your experiences
· administration and troubleshooting
This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).
We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.
Business analytics and improvements
· allowing us or our business partners to inform you of potential opportunities to get involved in promoting PMI products
· for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to our customers)
This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.
We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products, that is not overridden by interests, rights and freedoms to protect information about you.
Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).
In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.
Who do we share your information with, and for what purposes?
We may share information about you with:
- PMI affiliates;
- third parties who provide PMI affiliates or you with products or services;
- PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
- other third parties, where required or permitted by law.
Sharing data with other PMI affiliates
- Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
- Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
- Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.
Details of PMI affiliates and the countries in which they are established are available at www.pmi.com.
Sharing data with Third Parties
- We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
- We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
- We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring.
Where might information about you be sent?
As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).
When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.
For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:
- on the basis of a European Commission adequacy decision;
- subject to appropriate safeguards, for example the EU Model Contracts; or
- necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.
In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.
How do we protect information about you?
We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.
How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.
Typically, we retain data based on the criteria described in the table below:
Explanation/typical retention criteria
· marketing to you (including marketing communications) (if you use digital touchpoints and are contactable)
Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.
· marketing to you (including marketing communications) (if you are no longer in contact with us)
This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
· marketing to you (including marketing communications) (if you are not contactable)
If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.
· marketing to you (including marketing communications) (incomplete registrations)
· market research
If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.
· purchases and warranty
If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). If you also register for a warranty for a device, we will retain details of this for so long as relevant to the warranty.
· customer care
If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made, and will be retained only temporarily.
· system audit logs
System audit logs are retained typically for a period of only a few months.
· business analytics
Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.
What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:
- request us to give you access to it;
- request us to rectify it, update it, or erase it;
- request us to restrict our using it, in certain circumstances;
- object to our using it, in certain circumstances;
- withdraw your consent to our using it;
- data portability, in certain circumstances;
- opt out from our using it for direct marketing; and
- lodge a complaint with the supervisory authority in your country (if there is one).
We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.
Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.
The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.
Right in respect of the information about you that we hold
Further detail (note: certain legal limits to all these rights apply)
· to request us to give you access to it
This is confirmation of:
· whether or not we process information about you;
· our name and contact details;
· the purpose of the processing;
· the categories of information concerned;
· the categories of persons with whom we share the information and, where any person is outside the EEA and does not benefit from a European Commission adequacy decision, the appropriate safeguards for protecting the information;
· (if we have it) the source of the information, if we did not collect it from you;
· (to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and
· the criteria for determining the period for which we will store the information.
On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).
· to request us to rectify or update it
This applies if the information we hold is inaccurate or incomplete.
· to request us to erase it
This applies if:
· the information we hold is no longer necessary in relation to the purposes for which we use it;
· we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes);
· we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it;
· the information was unlawfully obtained or used; or
· to comply with a legal obligation.
· to request us to restrict our processing of it
This right applies, temporarily while we look into your case, if you:
· contest the accuracy of the information we use; or
· have objected to our using the information on the basis of legitimate interest
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
· our use is unlawful and you oppose the erasure of the data; or
· we no longer need the data, but you require it to establish a legal case.
· to object to our processing it
You have two rights here:
(i) if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
(ii) if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
· to withdraw your consent to our using it
This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.
· to data portability
(i) you have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,
then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.
· to lodge a complaint with the supervisory authority in your country
Each European Economic Area country must provide for one or more public authorities for this purpose.
You can find their contact details here:
For other countries please consult the website of your country’s authority.
Country-specific additional points
According to which country you are in, you may have some additional rights.
- If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
- issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
- give us specific instructions that apply only to our use of information about you.
Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:
- in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
- to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).
You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).
Who should you contact with questions?
If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.
If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.
Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.
Last modified 27 March 2018.
Updated: July 11, 2022
Welcome to www.iqos.com ("Page"), a website owned or operated on behalf of PHILIP MORRIS ZAGREB, d.o.o. (hereinafter: "PM"). PM is a company registered in the Republic of Croatia, with its registered office in Zagreb, at Heinzelova ulica 70, 10 000 Zagreb, entered in the court register of the Commercial Court in Zagreb, MBS: 080174638, OIB: 88062025421, with a share capital of HRK 305,100.00, paid in full.
This Page is intended exclusively for adult users of tobacco and nicotine products, who would otherwise continue to smoke or use other nicotine products, who are 18 years of age or older and who reside in the Republic of Croatia. This page contains information about our products, which includes tobacco heating devices.
Using tobacco products harms your health and causes addiction. More information is available at: https://www.pmi.com/our-business/about-us/our-views/health-effects-of-smoking-tobacco.
Ownership and Modifications of the Page
The website www.iqos.com is a Page owned or operated on behalf of PHILIP MORRIS ZAGREB, d.o.o. (“PM”). PM is a company registered in the Republic of Croatia, with its registered office in Zagreb, at the address Heinzelova ulica 70, 10 000 Zagreb, registered in the court register of the Commercial Court in Zagreb, MBS 080174638, OIB: 88062025421, with share capital of HRK 305,100.00, paid in full.
The Page contains logos and other trademarks and official marks owned or licensed by PM. The Page may also contain trademarks or official third party tags. All trademarks are the property of their respective owners, and each visitor by using this Page agrees or undertakes not to use or display them in any way without the prior written consent of the applicable trademark owner. The content of the Page is protected by all relevant regulations relating to the protection of intellectual property in the Republic of Croatia and other countries.
The visitor acknowledges and expressly confirms that it does not have, nor will ever acquire, any right to any trademarks, marks, designs, or other rights used for, or found on, the products of PM and its affiliates.
PM reserves the right to change, adjust, shorten, add and / or delete the Page or its contents, at any time, without leaving previous versions of the Page available.
The user password is strictly confidential and the user must not share it with anyone else. The purpose of this measure is to prevent unauthorized use of the Page by third parties, especially those who do not meet the conditions and are not authorized to use the Page.
All users must immediately notify PM when they have reason to believe (i) that someone is aware of his / her user password or (ii) that there is a risk of his / her user password being used in an unauthorized manner. Each user is responsible for any subsequent use of his / her user password. Any liability of PM for damages resulting from the use of the user's user password in an unauthorized manner is excluded.
You may not use someone else's user password or user account. You may not attempt to gain unauthorized access to the Page. If you try to do so, or help others do the same, or share instructions, programs, or tools for that purpose, we will exclude your account. We may also suspend or delete your account if anyone other than you uses it.
Use of the Page
The Page and all its content are provided exclusively for non-commercial and informative use, does not constitute a product recommendation and is not intended to encourage the purchase of products. The Page is not operated for advertising, promotion or marketing purposes. Use of the Page or its content, in particular reproduction, presentation, sharing, communication, circulation, distribution, exchange or licensing, sale or any other use of the Page and / or its content, texts, parts of text, images or animated images, sound data, software, as well as any other data or information, is expressly prohibited without the prior written consent of PM.
The existence of this Page and your use of the Page must not be used in any way to give the impression of a link, partnership, joint venture, relationship between the principal and his agent or employer and employee between us and you.
There is a possibility that the Page contains certain information that is not necessarily updated and is provided only as a notice. We reserve the right to change the content of the Page at any time, but we are under no obligation to update any information on this Page. By using the Site, you agree that it is your responsibility to monitor changes of the Page.
We reserve the right to interrupt the regular operation of the Page or part of the Page for the purpose of regular or extraordinary maintenance, correction of errors or to make other changes.
Web shop on the Page and its use
On the Page you will be able to use the online shop service related to the sale of products at a distance, which refers to certain products that are imported or placed on the market by PM and which are available on the market of the Republic of Croatia for sale.
The online shop is intended exclusively for registered users, who have been determined to be over 18 years of age.
In case the registered user (customer) did not pass the age verification before buying the product, ie it is not unequivocally determined that he is older than 18, by purchasing the product through the online shop the customer agrees to be contacted by a company hired by PM for digital verification. via video call). The customer will be contacted after the order and before the delivery of the product. The trader will ask the customer/buyer, who he considers to be under 18 years of age, to prove his age with an appropriate document. If the customer does not prove that he is of legal age, the trader will refuse to sell the requested product, ie the product will not be delivered to the customer after the purchase and the sales contract between the customer and the trader will be terminated.
The organization, management and sale of products at a distance, as well as their entire distribution through the online shop on the Page is performed by ORBICO d.o.o. za trgovinu, a company registered in the Republic of Croatia, with its registered office in Zagreb, at the address Koturaška Cesta 69, 10 000 Zagreb, entered in the court register of the Commercial Court in Zagreb, MBS 080234144, OIB: 85611744662. ORBICO d.o.o. for trade is considered a seller or trader in relation to the enabled service of selling products in the online shop located on the Page. The contact details of the trader are as follows: ORBICO d.o.o. za trgovinu, Koturaška Cesta 69, 10 000 Zagreb, no. phone: +385 1 3444 800, e-mail: [email protected].
All relevant information on the sale of products through the online shop, please read the Terms of Sale (hereinafter: Terms of Sale), published by the trader on the Page. The Terms of Sale regulate mutual obligations and rights to purchase or the sale of products between the customer and the seller / trader. The seller / trader sells and delivers the products only in accordance with the published Terms of Sale.
The Terms of Sale apply to all relations between the seller / trader, who is also the supplier of the products, and the customers, arising from the concluded sales contracts.
Read the Terms of Sale highlighted on the Page because it is considered that you have accepted them by ordering or purchasing the product.
The display of products in the online shop is not a legally binding offer but only a non-binding online catalog.
The customer/buyer is responsible for the selection of products and the correct execution of the order through the online shop. It is explicitly pointed out that the data on the Page and in the online shop do not constitute a proposal for concluding a contract with a potential buyer. The online shop provides information about products and their availability and prices, and based on this information, the customer can order the product on their own initiative and discretion.
The trader nor PM are not responsible in the event that the customer does not receive or receive insufficient information regarding the order due to an error or inaccuracy in the contact information provided by the customer.
The trader nor PM are not responsible if the customer has not received the order or it is not possible to contact him due to insufficient / incorrect information provided by the customer during the order.
Delivery of purchased products will be made exclusively to the customer, and the customer will have to prove their identity at the time of delivery. The trader will (via courier) refuse to deliver the purchased products in case it is not confirmed that the purchased products are taken over by the customer or that the customer is not a person older than 18 years. In this case, the trader or courier will refuse to deliver the order, and the sales contract is automatically terminated.
In all cases of automatic termination of the online sales contract, the products are returned to the trader. In case the customer has paid the price for the product, the trader returns the amount paid to the trader within 14 days of receiving the returned products by the courier service, using the same means of payment (payment method) used by the customer for the initial transaction, unless the customer agrees in a different way of payment.
The trader is not liable in the event that the customer is charged bank fees or commissions from the bank / financial institution that serves him, due to the above-mentioned inability to deliver the product due to the fault of the customer. The trader is not responsible for fees and additional shipping costs charged by the courier to the customer due to inability to deliver the order to the customer and return to the trader (eg responsible storage fee by courier if the product is not received on the delivery date or other fees if applicable).
PM and the tracer make every reasonable effort to provide the necessary and satisfactory customer support for product-related customers. In case of any questions related to the products after the sale, the customer can contact the Customer Support Center at 0800 9153 or by e-mail at [email protected].
Use of tobacco and nicotine products
Our products are designed only for adult users of tobacco and nicotine products, who would otherwise continue to smoke or use other nicotine products. Our products contain nicotine, an addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women, or by persons in poor health. Our products are not allowed to buy or use persons (i) under the age of 18 or, (ii) if the age limit set by local law for the purchase of tobacco products is over the age of 18, persons who have not exceeded the age limit set by law. Although we apply high standards in the production of our products, you confirm that you use our products at your own risk.
IQOS IS NOT RISK-FREE AND THE PERMANENT DISCONTINUATION OF TOBACCO PRODUCTS IS THE BEST WAY TO REDUCE THE HEALTH RISKS RELATED TO TOBACCO USE.
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- If you access one of these sites, you do so at your own risk.
You may not use links or in-depth links to link this Page to any other website, or to embed portions of the content of other websites on this Page.
Privacy and Cookies
PM reserves the right to amend the PMI Consumer Privacy Notice as well as the Cookie Notice at any time.
With this in mind, we disclaim any responsibility for the suitability or adequacy of the Page to meet your needs and exclude all express or implied promises, including but not limited to:
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- that the Page or the computer server on which it is located has been cleaned of viruses or other harmful components; and
- responsibility for the correctness, content, timeliness, completeness, reliability, quality or suitability of any content published on the Page or made available through or in connection with the Page.
Please note that there are certain implied promises (which in legal terms are often called "guarantees") that we must not exclude by law.
You download the content from the Page at your own discretion and at your own risk. You are responsible for any damage caused to your computer (or any other device), or for loss of data due to downloading the disputed content and using of the Page. Furthermore, you assume all potential costs of any servicing, repairs or troubleshooting.
Also, we do not guarantee that the Page and its content are free of errors or omissions and do not give any express or implied warranties, conditions, promises or guarantees that the content of the Page is accurate, complete or up to date.
Any use of the Page is solely at the risk of the visitor or the user.
Limitation of Liability
We shall not be liable to you for any loss or damage resulting from a computer virus, denial of service attack (DDoS) or other harmful technology that may infect your computer equipment, software, data or other private property resulting from your use of the Page (including access to the content in question on or through the Page) or any other related site.
You are aware of and acknowledge that neither we nor our representatives, affiliates or third parties providing certain content will be held liable for any direct, indirect, incidental, special, consequential or punitive / misdemeanor damages or indemnity, or any damages related to or resulting from your use or inability to use the Page or any actions we take or fail to take after communicating with you. This includes damages for errors, omissions, irregularities, interruptions, deficiencies, delays, loss of profits, loss of data, unauthorized access to or alteration of your publications and data, and all other tangible and intangible losses.
You are also aware of and acknowledge that the operation of the Page depends on the proper and efficient functioning of the Internet, or equipment and services provided by third parties (including your device and Internet browser) and we make no warranties in this regard nor can we be held responsible.
Please note that the Page is for informational purposes only. We will not be liable for any special, indirect, punitive or consequential losses or damages, or for any loss of data, profits, receipts, business opportunities or reputation.
If you cause technical difficulties on the Page or the systems by which the Page is displayed to you or others, you assume all responsibility for any losses, obligations, costs, damages and compensations, including legal fees and costs of court proceedings, arising out of or in connection with difficulties you provoked.
Any visitor or user who causes technical damage to the Page or the system transmitting the Page shall be liable for all damages, including reasonable legal costs and legal costs arising from or resulting from the damage.
Jurisdiction and applicable law
Each paragraph of these Terms applies separately. This means that if a court or other competent authority decides that one of the items is illegal, inadmissible or unenforceable, the remaining paragraphs remain fully valid and produce legal effects.
TERMS OF SALE
Date of publishing: July 11, 2022
Updated: August 2, 2022
The terms may change at any time. You are responsible for reading them regularly given that the terms and conditions effective at the time of use of the website https://hr.iqos.com and the online shop or ordering a product always apply.
Using tobacco products damages your health and is addictive. More information is available at: https://www.pmi.com/our-business/about-us/our-views/health-effects-of-smoking-tobacco.
Products that are sold in the IQOS web shop are designed only for adult users of tobacco and nicotine products, who would otherwise continue to smoke or use other nicotine products. Tobacco and nicotine products must not be used by pregnant women or nursing women or persons of poor health. Although highs standards are applied in the production of products, you recognise that you use the said products at your own risk. PMI smoke-free products are not an alternative to quitting smoking and are not conceived as help when one stops smoking.
IQOS is not risk free and contains nicotine, which is addictive.
For adult use only. The best way to reduce the health risks associated with tobacco use is to permanently stop using it.
Basic information on the seller/trader
Name: ORBICO d.o.o. za trgovinu
Short name: ORBICO d.o.o.
Registered office: Koturaška Cesta 69, 10000 Zagreb
Office address: Kreše Golika 1, 10090 Zagreb
Commercial bank and giro-account number: Raiffeisenbank Austria d.d., Zagreb,
Management board members: Mario Matić, Jurij Tršan, Romina Orešković Cvetanović, Vesna Rendulić, as Directors
Phone number: +385 1 3444 800
Email: [email protected]
Share capital of the company: HRK 176,718,000
Registered in the court register of the Commercial Court in Zagreb under the Registration no. Tt-98/2672-2
The consumer, in the capacity of a buyer, enters into a purchase and sale agreement with ORBICO d.o.o. za trgovinu, Koturaška Cesta 69, Zagreb in the capacity of seller (hereinafter referred to as the seller).
Use of online shop
The consumer, in the capacity of a buyer, can be only an adult user of nicotine or tobacco products registered in the IQOS user base of PHILIP MORRIS ZAGREB, d.o.o.
In case a user has not been subject to the check of their age of majority by the seller or by contracted partners before the former’s registering in the IQOS user base, or the user’s age of majority has not been undoubtedly determined before the registration procedure, the user shall be contacted by the contracted partners after ordering products and before delivery of the purchased products, only for a purpose of verifying their age and confirming their age of majority. Without their confirmation of adulthood by the seller or the contracted partners, there is no possibility for one to purchase products in the online shop.
To access the online shop, the user must be registered and logged in with their user name (email) and password.
Users that are not registered are not enabled access to the online shop.
When using the online shop or ordering and buying of products, you are considered to have written these Terms of Sales and agree with them.
By using the online shop or ordering and buying products, you acknowledge that you are an adult user of nicotine or tobacco products, registered in the IQOS user base and agree with the procedure of verification of your identity and age of majority after ordering a product, and before its delivery, by the contracted partners and that you are legally entitled to enter into binding agreements. Notifications on the identity and age of majority verifying procedure are visible in registration forms and transaction pages within the website https://hr.iqos.com.
If the identity and age of majority verification procedure does not determine the truth of your personal data in the IQOS user base and the order, the order shall be suspended and refund of the paid funds will be enabled.
Purchase is not possible for legal entities.
A consumer is a person that uses the website https://hr.iqos.com and the online shop (IQOS web shop) located on the website as a buyer and/or visitor of the website.
Entering into agreement on purchase and sale through the website https://hr.iqos.com is regulated in line with the applicable regulations, especially taking into account principles and provisions of the European Union directives and regulations. Entering into agreement through the website https://hr.iqos.com is distant entering into agreement.
Contents of the website https://hr.iqos.com are available in Croatian and English. The official language for entering into a purchase and sale agreement is Croatian.
The seller does not assume responsibility for any problems in the functioning of the website on which the online shop is located. The seller cannot guarantee that the use of the online shop will not be interrupted or that it will be flawless. The consumer agrees that the access to the online shop can be disconnected or temporarily unavailable at times.
Consumers use the online shop at their own risk. The seller shall not be liable whatsoever for any damage the user may incur using the online shop.
The seller reserves the right to amend the Terms of Sales at any time. The amendments shall enter into force on the date of their publishing on the website https://hr.iqos.com.
The seller reserves the right to amend the Terms of Sales at any time. The amendments shall enter into force on the date of their publishing on the website https://hr.iqos.com.
One’s continuation to use the online shop and any part of its contents will be considered to be consent with the amended Terms of Sales. The seller advises periodical checks of the Terms of Sales for one’s becoming aware of any amendments. The seller shall keep the right to change, complement or revoke any part of its operation at any moment, without prior notice.
The concerned right includes but is not limited to change of the time of availability of contents, availability of new data, method of transfer, and rights to access or use of the online shop. The consumer has a duty and liability to use the online shop in line with the positive regulations and general morale and ethical principles.
Main features of the products
The consumer gets familiar with the main features of the products on the website https://hr.iqos.com, in the part of the IQOS web shop.
The seller reserves the right to change information, including prices of the products and their availability, in the online shop (IQOS web shop) without prior notice.
The picture of a product is accompanied with description of its main features, information on its availability and its retail price inclusive of VAT. Prices and terms of payment are valid exclusively at the time of ordering and/or payment.
Procedure of entering into agreement
Sales are made on the web pages of https://hr.iqos.com, at the IQOS web shop. When ordering/buying, the consumer is obliged to enter all the data requested from them for the purchase and delivery of the product, according to which ordering with the payment obligation will be made.
The purchase can be made with confirmation of the buyer that they have read and understood the Terms of and Conditions of Use and the Terms of Sales and have agreed with them, and are aware that an order involves a payment liability.
Purchase is possible 24 hours a day, 7 days in a week.
Sale are allowed and enabled only to adult users of nicotine or tobacco products, registered in the IQOS user base.
The constituent part of sales is verification of the identity and age of majority of consumer/buyer that is implemented by the contracted partners after an order has been placed, and before the delivery of a product, if it is about a user whose age of majority was not confirmed previously by the seller or the contracted partners, before registration in the IQOS user base. Verification of the identity of the age of majority of a consumer/buyer is implemented using a video call by the contracted partner after an order has been placed, before the delivery of the product. If the identity and age of majority verification procedure by a video call does not determine truth of the personal data of the consumer/user in the IQOS user base and the order, i.e. does not confirm the age of majority, the order shall be suspended and refund of the paid funds will be enabled if the order has been paid previously.
At one purchase, 5 IQOS devices at most can be bought.
Sales and delivery of the product in the online shop is enabled only in the territory of the Republic of Croatia and to registered users who are staying in the Republic of Croatia.
In case ORBICO d.o.o. as the seller is not able to deliver some of the ordered products for any reason or in case of any other inquiry that can occur due to a specific order, a customer support employee shall contact the buyer by phone or via the email in order to make arrangement of the delivery of a replacement product or any cancellation of the ordered product, or termination of the agreement.
Sales are performed by the order of available products in the IQOS web shop, which the consumer selected based on the main features of products enlisted on the website, especially in the online shop. Photographs are only of illustrative nature and need not always and in all details match the available products. By putting a product in the basket, the product is not reserved or ordered or bought. The buyer can continue to add products to the basket, to review the basket or complete the product selection process.
Having completed the order, the buyer shall receive confirmation of the order on their email, the information of which was provided by the buyer during the registration. The confirmation of the order must give to the buyer an insight into the order, including the number for tracking the order, or the shipment. After the above, the buyer shall receive another email with details of the order, confirmation that the order is ready for dispatch, and an option for tracking the order, or the shipment.
The seller shall send an invoice to the buyer with the ordered product.
If the buyer does not receive the ordered products they have paid for in the agreed term, they are obliged to notify the seller thereof at the email [email protected]. If the buyer has not received confirmation of the order through the registered email, they are obliged to contact the seller at the email [email protected] or on the phone number 0800 91 53.
If the buyer does not receive the ordered products they have paid for in the agreed term, they are obliged to notify the seller thereof at the email [email protected].
The seller shall not be liable for costs of use of the computer equipment and telecommunication services required for accessing the service.
In case the seller is not able to deliver some of the ordered products for any reason the IQOS customer support shall contact the buyer on the phone or at the email, in order to make arrangement of the delivery of a replacement product or any cancellation of the ordered product, or termination of the agreement.
a) Order through contracted partners on behalf of the buyer
In case the buyer uses this possibility when ordering a product, the only possible method of payment is payment in cash upon delivery.
Price of products and method of payment
The retail price includes all taxes and dues and is requested as a final price in the currency of the Republic of Croatia for an individual product. The price can be expressed in other currencies as well, however the authoritative price for the consumer is that given in the official currency of the Republic of Croatia.
Retail prices do not include costs of delivery that are added to the total price.
The applicable retail price is a price displayed in the online shop next to the product, except in case of obvious error in the price which can be reasonably and undoubtedly understood not to be correct. In such a case, we shall notify you of the error and enable confirmation of the order at the correct price or enable cancellation of the order without any charges for you.
The seller reserves the right to change information, including prices of the products and their availability, in the online shop (IQOS web shop) without prior notice.
The consumer is enabled to pay for the ordered products through one of the following payments methods:
- A credit or debit card - payment directly online, using the service for payment with cards: Visa, MasterCard, Diners, and Maestro
- In cash upon delivery
- A value card
If you have selected payment with a credit card, on the safe page Adyen N.V. select the type of the credit card by which you want to make payment (Visa, Mastercard, or Diners) and enter the information on the holder of the card and other required data.
If you want to pay in cash to the delivery person – select the option Payment in cash upon delivery.
If you pay with a value card, please note that a single value card can only be used for one transaction.
Usage of value card for payment in the online shop (IQOS web shop) is possible only 30 minutes after the value card is received.
If it is determined that the value card has already been used on another selling point, and the order has been created, the seller reserves the right to cancel the order and make a refund.
If you pay with a value card and total order value is less than the nominal value of the value card, the remaining amount on the value card cannot be used for payment in the online shop (IQOS web shop). The remaining amount can be used only at ORBICO d.o.o. retail outlets which are listed on the value card.
The value card can only be used to purchase products in the online shop (IQOS web shop), and it does not cover any other costs related to the product order, especially delivery costs.
After the payment is received, the buyer shall be sent the product ordered. The ordered products are delivered to the buyer in line with the conditions for delivery of products.
The delivery is possible only to an address within the Republic of Croatia.
The product shall be delivered within 3 to 5 working days (Saturday, Sunday, and non-working days are excluded), unless the buyer has been notified otherwise, in case of justified impossibility for delivery of a product in the specified term.
The delivery of products is made through OVERSEAS TRADE Co LTD d.o.o., OIB: 19407280555, Zastavnice 38a, 10251 Hrvatski Leskovac.
The delivery is free of charge for purchases above HRK 150 or purchases that contain at minimum one product of the tobacco heating system. If the value of an order is lower than HRK 150 or the order does not include at minimum one product of the tobacco heating system, the cost for the delivery shall be borne by the buyer.
If the seller is not in possibility to deliver the ordered product for a justified and objective reason which the seller was not aware of at the time of the order for the product, they shall notify the buyer thereof. The buyer may withdraw from the order without any charge or wait for the product to be available again.
If the buyer does not take over the delivered product or refuses to take over the product without a valid reason, the seller reserves the right to request compensation of manipulation costs, transportation costs and any other possible costs. The delivery will be attempted for several times.
Delivery can only be made to the registered user who ordered and purchased the product.
The delivery person shall verify the official ID of the person to whom they deliver the purchased product in order to determine whether he/she is the person identified as an adult buyer of the product.
Verification of the identity of the recipient shall be made by inspection of the adequate personal document with a photograph (driving licence, ID card, passport etc.), and signature of the recipient of the verifying document.
With their consent with the Terms of Sales and order of the product, the buyer accepts to have their identify verified by the delivery service during the delivery of the purchased product, for the purpose of verification who receives the ordered product.
The product shall be delivered only to the buyer whose age of majority has been confirmed undoubtedly, for which purpose the buyer is obliged to prove their identity at delivery. In case the buyer refuses to prove their identity to the delivery person, the product shall not be delivered, the order shall be cancelled, and the agreement terminated. All the costs incurred due to the buyer’s fault shall be borne by the buyer only.
If the identity of the buyer cannot be checked at the delivery, the delivery person shall not make the delivery of the product or deliver the product to anybody else.
If the buyer refuses to prove their identity in order to confirm the takeover of the delivery by an adult buyer who ordered the product, it shall be considered that they rejected the delivery of the product and the seller shall be entitled to request compensation of costs of the performed actions for delivery (order processing, storage manipulation, costs of delivery and refund).
Refund of the paid funds shall be made to the buyer using the same method the buyer used for payment, unless the buyer agrees explicitly to another means of payment, and upon presumption that the consumer shall not be obliged to pay any additional costs for such refund.
Liability for material deficiencies and commercial guarantee
The seller shall be liable for material deficiencies on a product that existed at the time the risk was transferred onto the buyer, regardless of whether the buyer was aware of that or not, and for material deficiencies that have occurred after the transfer of risk onto the buyer if they are a consequence of reasons existing before that.
It is assumed that the deficiency occurring during one year since the transfer of risk onto the buyer existed at the time of the risk transfer, unless the seller proves the contrary or the contrary arises from the nature of the thing or the nature of the deficiency. The Obligations Act stipulates in detail the cases in which there are material deficiencies of products.
To be able to eliminate possible deficiencies on purchased products, consumers are obliged to inform the seller on the existence of the deficiency within two months from the date the deficiency was detected, or not later than within two years from the transfer of risk onto the consumer. The deadline is the same.
If existence of material deficiency is determined, the buyer has the right, if they have timely and duly notified the seller, to:
- Require the seller to remove the deficiencies
- Require the seller to hand another product without deficiency
- Request proportional reduction of price
- State that they are terminating the agreement
In any of these cases, the buyer has the right to rectification of damage according to the general rules on liability for damages, including damage the buyer was inflicted on other goods due to the deficiency of the product.
When exercising their right to removal of a deficiency, the buyer shall have the right to a choice between repair and replacement of the product, unless the selected manner of removal of the deficiency would be impossible or if such a manner, compared to another manner of removal of the deficiency, would inflict disproportionate costs to the seller taking into consideration all the circumstances, and especially the value of the product without deficiency, the importance of the deficiency, and the question whether the repair or replacement could be done without significant inconveniences for the buyer. The buyer shall be entitled to reduction of the price or termination of the agreement only if the seller has not removed the deficiency or has refused to do so or has not removed the deficiency in line with the Obligations Act, if the deficiency exists despite an attempt of the seller to remove it, or if the seller has stated that they will not remove the deficiency, or it derives obviously from the circumstances that they will not remove the deficiency in a reasonable term or without significant inconveniences for the buyer, and if the deficiency is so serious that it justifies instant reduction of price or termination of the agreement. If the deficiency is insignificant, the buyer shall not be entitled to terminating the agreement, though they have other rights from the liability for the material deficiencies, including the right to repair of damage. The burden of proof that a deficiency is insignificant shall be on the seller.
Costs of removal of the deficiency and handover of another product without deficiencies shall be borne by the seller.
The repair or replacement of a product with a deficiency shall be carried out free of charge, in reasonable term from the point the buyer notified the seller about the deficiency and without significant inconveniences for the buyer, taking into account the nature of the thing and the purpose for which that thing was necessary to the buyer. The seller shall bear the costs of takeover of the product.
The rights based on the material deficiency on a product are regulated in detail in the Obligations Act.
Besides legal liability related to the liability for material deficiencies on the thing, the seller enables to their buyers the rights from the commercial guarantee for devices for tobacco heating in the duration of 12 months from the date of delivery of a product to the buyer. Provisions of this guarantee are valid only in the country where the product is bought.
A guarantee sheet entitled “Voluntary guarantee”, enlists the cases in which any components on which there is a deficiency shall be repaired or replaced given the material or making when the device is used in line with the applicable instructions for use, and in relation to which a valid guarantee claim has been submitted. Read all details on the right to commercial guarantee in the relevant document “Voluntary guarantee” which you have received with the purchase of your product.
Ensure to have proof of the purchase in order to submit a claim for exercising the right from the commercial guarantee, unless otherwise specified.
Right to unilateral termination of the agreement
A customer may unilaterally terminate the agreement without specifying the reasons, not later than within 30 days.
The 30-day deadline starts to run on the date when the customer or a third person determined by the customer, which is not the transporter, was handed the product in possession.
If a customer orders several pieces of products in one order, but which should be delivered separately, i.e. when it is about a product delivered in several pieces or several shipments, the 30-day deadline starts to run on the date when the customer or a third person determined by the customer, which is not the transporter, was handed the last piece or the last shipment of the product in possession.
If regular delivery of products has been agreed through a certain period, the 30-day deadline starts to run when the customer or a third person determined by the customer, which is not the transporter, was handed the first piece or the first shipment in possession.
To be able to exercise this right to unilateral termination of the agreement, the consumer must notify the seller on their decision to unilaterally terminate the agreement before the expiry of the 30-day term, with an unambiguous statement sent by mail to the address ORBICO d.o.o., Kreše Golika 1, Zagreb with the note for IQOS E-commerce department, or through email at [email protected] where they shall state their name and surname, address, phone number, IBAN, date of sale and the invoice number, and the customer may, at their own discretion, use the form for unilateral termination of the agreement available on the link below. All data collected for exercising the right to unilateral termination of the agreement shall be used only for the stated purpose. The seller may ask the buyer to provide the invoice as evidence of the purchase, if all the required data has not been provided, for a purpose of exercising the right related to the unilateral termination of the agreement.
A sample of the form for unilateral termination of the agreement that is found on our website can be completed electronically and sent via https://orbicoreturns.e-processor.eu/web/Returns. When starting the procedure for unilateral termination of the agreement, it is necessary to enter the ZKI number which is visible on retail invoice, for the purpose of connecting it to the specific consumer order for which the consumer claims right. In order to achieve the right of unilateral termination of the agreement, the consumer in the form must provide name and surname, address, postal code and city, contact phone number, IBAN and, voluntarily, the reason for the order return.
The receipt of the notification on unilateral termination of the agreement shall be provided by the seller, without delay, electronically.
The consumer may send to the seller another unambiguous statement on the termination of the agreement, which they can also send electronically. Confirmation of the receipt of the statement on unilateral termination of the agreement shall be provided by the seller to the buyer without delay in the permanent media (e.g. by email, in hard copy).
In case of termination of the agreement, each party shall be obliged to return to the other party what they have received based on the agreement.
The consumer shall not bear any costs that would be a consequence of the use of their right to unilateral termination of the agreement, except the costs of return of the product.
If the consumer uses their right to unilateral termination of the agreement, the seller shall without delay, not later than within 14 days from the date the seller received notification on the buyer’s decision to terminate the agreement, return to the consumer everything the consumer has paid for based on the agreement.
The seller shall make a refund of the money only after the product has been returned to them or after evidence has been delivered that the consumer has sent the product back, if the seller was notified thereof before the receipt of the product.
The seller shall not be obliged to make a refund of additional costs resulting from the consumer’s explicit choice of the type of transport other than the cheapest type of standard transport offered by the seller.
Refund of money by the seller shall be made in the same manner in which the consumer made the payment. In case the consumer agrees with another way of refund of the paid amount, they will not bear any costs related to the refund.
The consumer shall be obliged to bear on its own all direct costs of return of a product.
The consumer must return the product or hand it to the seller in these two manners, without unnecessary delay, and in any case not later than within 14 days from the date when the seller sent their decision to unilaterally terminate the agreement:
- By mail or delivery service at the address Orbico d.o.o., Industrijska cesta 6, Ivanić grad.
- At the IQOS point of sale and service of the seller.
List of locations of the IQOS points of sale and service is available at: https://hr.iqos.com/hr/prodajna-mjesta.
A consumer shall be considered to have performed their obligation to return a product on time if they sent the product or handed it to the seller, i.e. to a person authorised by the seller to receive the product before the expiry of the term.
The consumer shall be liable for any reduction of the value of the product resulting from the handling of the product except that required to determine the nature, features and functionality of the product.
The product the buyer intends to return within 30 days must not be modified, used or not any actions must be taken that would reduce the value of the goods. The consumer must keep the product with due diligence in the period in which they exercise their right to refund.
The right to termination of the agreement on purchase and sale is not allowed in the following cases, when:
- The subject of the agreement is goods produced at specification of the consumer or that is clearly adapted to the consumer,
- The Consumer specifically requested a visit of the seller for urgent repairs or maintenance services, and if during such a visit, along with the services the consumer requested in the statement, the seller provided some other services, i.e. delivered some other goods except those necessary for the urgent repairs, or the maintenance services, the consumer shall have the right to unilateral termination of the agreement in relation to those additional services or goods.
Notification on submission of a written complaint by the consumer
The consumer may submit any notification in line with the Consumer Protection Act by mail to the address ORBICO d.o.o., Kreše Golika 1, Zagreb, by email to [email protected], in person in the business premises of the seller at IQOS points of sale and service or to the address ORBICO d.o.o., Kreše Golika 1, Zagreb.
The seller shall confirm the receipt of the complaint to the consumer without delay, in writing, by mail, email or through other means of web communication.
For the seller to be able to confirm to the consumer receipt of a complaint and reply to a written complaint that was not sent by email, consumers are asked to enter their correct data concerning their name, surname and address to which the receipt of their complaint as well as a reply will be sent to them.
The seller shall reply to complaints in writing, by mail, email or through other means of web communication within 15 days from the date of receipt of the complaint in line with the notification of the seller on the manner of submission of a written complaint, clearly stating whether they accept the justification or the customer’s complaint.
In case of any dispute, the seller and the consumer shall try to resolve it amicably, and if that is not possible, the actual and locally competent court shall have jurisdiction with the application of the Croatian law.
Resolution of disputes is also possible before notified bodies for alternative resolution of consumer disputes, mediation centres and courts of honour.
In case it is about a consumer’s complaint concerning the seller/trader with the registered office in the Republic of Croatia, the consumer may submit a complaint to one of seven notified bodies for alternative resolution of consumer disputes:
- Mediation Centre at the Croatian Chamber of Economy, Zagreb, Rooseveltov trg 2;
- Mediation Centre at the Croatian Insurance Bureau, Zagreb, Martićeva 71/I;
- Profi Test d.o.o., Mediator Mediation Centre, Bjelovar, Petra Hektorovića 2;
- Mediation Centre at the Croatian Mediation Association, Zagreb, Kneza Mislava 12;
- Court of honour of the Croatian Bar Association, Zagreb, Ilica 49/II;
- Mediation Centre of the Croatian Bar Association, Zagreb, Ilica 49/II;
The consumer must have in mind that any body for alternative resolution of consumer disputes has their own rules of procedure, prices and specific competences for an individual consumer sector, or several of them. Therefore, you should check whether a certain body for alternative resolution of consumer disputes can assume your complaint at their websites.
The consumer disputes can be possibly resolved through online dispute resolution, the ORS platform of the European Commission. You can access the ORS platform clicking at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR.
The seller/trader ORBICO d.o.o. and PHILIP MORRIS ZAGREB, d.o.o. process personal data of consumers as joint controllers with a purpose of order and delivery of products available on the website of the internet shop – https://hr.iqos.com/hr, the IQOS web shop.
Personal data shall be processed in line with the Statements on privacy of both controllers of consumers data:
The privacy rules regulate the area of processing of personal data of buyers at the website https://hr.iqos.com (hereinafter referred to as “Privacy Rules”) with a purpose of sales and delivery of ordered products. The Privacy Rules have been adopted by ORBICO d.o.o., with the registered office in Zagreb, Koturaška Cesta 69, OIB: 85611744662 (hereinafter referred to as: “ORBICO” or “We”) as the seller in the IQOS web shop. Your required personal data for the purpose of sale and delivery of the ordered products has been provided to us by PHILIP MORRIS ZAGREB, d.o.o., Zagreb, Ulica Vjekoslava Heinzela 70, OIB: 88062025421.
In case of any questions or requests concerning treatment or protection of your personal data, please refer to our officer for personal data protection at the email [email protected].
If you buy products through online shop, the IQOS web shop, at the website https://hr.iqos.com, ORBICO can process your personal data which you have provided to PHILIP MORRIS ZAGREB, d.o.o. at the registration in the IQOS user base of PHILIP MORRIS ZAGREB, d.o.o. as well as the data we have collected during your use of the online shop. That is the following data:
Personal data category
Purpose of processing
Legal basis for processing
Name and surname
Performance of the agreement on purchase and its delivery
Performance of the agreement
Addresses for delivery of products (street and house number, place, zip code)
Performance of the agreement on purchase and its delivery
Performance of the agreement
Address for delivery of an invoice (street and house number, place, zip code)
Performance of the agreement on purchase of goods
Performance of the agreement
Performance of the agreement on purchase of goods
Performance of the agreement
Performance of the agreement on purchase and its delivery
Performance of the agreement
Date of sales
Performance of the transaction for an event of return of products
Performance of the agreement
Compliance with legal obligations of the data controller
Number of the invoice
Performance of the transaction for an event of return of products
Performance of the agreement
Compliance with legal obligations of the data controller
Performance of the transaction for an event of return of products
Performance of the agreement
Compliance with legal obligations of the data controller
Who has access to your personal data?
We consider your personal data a trade secret and as such we protect it in line with the applicable legal regulations and the best practice.
Third parties shall have the right to access and process your personal data only in situations described below:
- Third delivery service providers that have been given your personal data only for a purpose of delivery or return collection of the ordered products.
- Competent authorities, in case of supervision of legality of our operation and in case of court and other similar procedures. In that case, they process your personal data in line with their legal authorisations.
Is my personal data transferred to third countries?
We hold your personal data in the area of the European Union. Only exclusively, we transfer your personal data to third countries (other countries of the European Union are not considered to be a third country). In that case, transfer occurs based on a decision on appropriateness by the European Commission or after the recipient of personal data from the third country has undertaken to act in line with the applicable standard contractual clauses approved by the European Commission.
How we protect your personal data?
Protection of your personal data is important to us. Some protection measures we implement are as follows:
- Application of contemporary methods of protection and control of access to data resources containing personal data;
- Continuing supervision of all the resources that are used for processing personal data.
- We also require our service providers to comply with strict requirements on data privacy and protection.
Holding period of your personal data
If you are our buyer, we delete your personal data after the expiry of the legal, or possible contractual rights to guarantee in case of resolution of potential disputes.
If we process your personal data based on our legitimate interest, we keep it until there is our legitimate interest, and delete it forthwith as of the cessation of our legitimate interest.
In case you decide to use one or more than one of your rights below, we are entitled to check your identity, all with a purpose of protecting your personal data.
You exercise your rights free of charge. Still, if you request frequent (e.g. if less than 3 months have elapsed since your previous claim) or excessive (e.g. you claim all your personal data in writing) access or transfer of your personal data, or your requirements are obviously not founded or are excessive, we have the right:
- to ask you to settle our administrative costs before carrying out such an action; or
- to refuse to act upon such a claim
You shall exercise your rights in a manner that you send your claim to email [email protected]. You shall note “Respondent’s claim” as the title of the message, and in the message itself, you should denote the right which you want to use, i.e. which is the subject of your claim. After the receipt of the message, we shall send to you confirmation of your duly received claim.
It is important to mention that your claim for exercising of any rights related to your personal data, which has been addressed to ORBICO, only includes data processed and controlled by ORBICO as the data controller. You must send any claims related to your personal data and exercising the rights related to it, which are stored in the IQOS user base of PHILIP MORRIS ZAGREB, d.o.o., to the addresses of the company stated in the PMI Notification on protection of privacy of consumers, which is enclosed in the first part of this section.
Access to your personal data
- You have the right to request confirmation of whether we process your personal data, as well as access to your personal data we process
Correction of wrong personal data
- You have the right to request correction of your wrong personal data, as well as the right to complement your personal data
Transferability of personal data
- You have the right to take over and request transfer of your personal data
Deletion of personal data (Right to be forgotten)
- If you withdraw your consent for processing your personal data or when our legal basis for processing your personal data ceases, or in other cases provided for in the General Data Protection Regulation, you have the right to request us to delete your personal data. We shall delete your personal data or anonymise it without excessive delay. This does not refer to personal data that we need in order to meet our legal obligations, whose keeping is imposed on us by legal regulations (e.g. execution of your order), or to protect our legitimate interests.
Complaint against processing or treating your personal data
- You have the right to complain concerning processing of your personal data and generally, concerning our manner of treatment of your personal data
Right to withdraw consent
- You have the right to withdraw consent for further processing of personal data at any time. The withdrawal of consent shall not impact processing made based on the consent before its withdrawal.
Right to restricted personal data processing:
- If you challenge the accuracy of your personal data or in other situations provided for in the General Data Protection Regulation and the Law on Implementation of the General Data Protection Regulation, you have the right to request from us to restrict ourselves in the processing of your personal data until such a situation is resolved.
Right to an appeal to the Croatian Personal Data Protection Agency
- You have the right to submit an appeal to the competent body for protection of personal data – Croatian Personal Data Protection Agency (www.azop.hr) at any time, by sending an email to [email protected], related to processing and protection of your personal data.
We are Philip Morris Zagreb d.o.o., a subsidiary of Philip Morris International Inc.
Philip Morris Zagreb d.o.o.
Seat: Zagreb, Heinzelova 70
Unique identification number (OIB): 88062025421
Registered at the Commercial Court in Zagreb, MBS 080174638, with a share capital of 305.100,00 kuna, paid in full
Raiffeisenbank Austria d.d. Zagreb IBAN: HR5124840081103117284
Uvjeti za sudjelovanje i korištenje myIQOS usluga i pogodnosti
1. Primjenjivost uvjeta
1.1 Ovi se uvjeti (Uvjeti) primjenjuju na i uređuju pristup određenim pogodnostima i uslugama koje obuhvaća myIQOS usluge i pogodnosti (dalje u tekstu: myIQOS ili myIQOS usluge i pogodnosti). Pažljivo pročitajte ove uvjete jer utječu na vaša prava i uređuju vaš odnos s društvom Philip Morris Zagreb d.o.o. (Philip Morris).
1.2 Isključivo osobe koje su punoljetni pušači ili korisnici IQOS uređaja koji ima 18 ili više godina te imaju boravište u zemlji u kojoj je dostupan myIQOS mogu ostvarivati prava iz myIQOS. Uz navedeno, posebno ćemo istaknuti kad za ostvarivanje određenih pogodnosti ili usluga osoba mora imati račun na stranici hr.iqos.com (čime je osoba registrirana u bazu podataka Philip Morris-a) te imati povezani IQOS uređaj na tom računu (registrirani korisnik).
1.3 IQOS uređaj koji se povezuje s korisničkim računom na stranici hr.iqos.com mora zadovoljavati uvjete opisane u članku 2.1. (Uređaj). Uređaj je moguće povezani s korisničkim računom na stranici hr.iqos.com, pozivom IQOS Centru za korisničku podršku na besplatan broj 0800 9153, na prodajno-servisnim mjestima IQOS proizvoda ili kod IQOS stručnjaka.
1.4 Dolazeći u kontakt s nama na mjestima gdje se pružaju myIQOS usluge i pogodnosti (te uz pretpostavku zadovoljavanja propisanih uvjeta), pristajete na ove Uvjete sudjelovanja. Jednako tako, ako registrirate drugi Uređaj ili ako promijenimo ove Uvjete te i nakon toga upotrijebite myIQOS pogodnosti i usluge, pristajete na Uvjete. Vaše se prihvaćanje Uvjeta odnosi na vašu zemlju boravišta prema Philip Morris Zagreb d.o.o. bazi podataka.
1.5 Ako se ne slažete s ovim Uvjetima (ili ih se ne možete pridržavati), ne smijete upotrebljavati myIQOS.
1.6 Ovi Uvjeti ne mogu ni na koji način biti izmijenjeni s vaše strane, osim ako za to niste primili izričito pisano odobrenje društva Philip Morris Zagreb d.o.o.
1.7 Vaša upotreba myIQOS usluga i pogodnosti podložna je našim pravilima i možemo odbiti vašu prijavu za sudjelovanje u myIQOS ili možemo otkazati vaše pravo na upotrebu myIQOS usluga i pogodnosti iz bilo kojega razloga, uključujući kršenje ovih Uvjeta.
1.8 Također, zadržavamo pravo na izmjenu ovih Uvjeta i myIQOS usluga i pogodnosti uz obavijest o tome u bilo kojemu trenutku. Ako se ne slažete s takvim izmjenama, možete u svakom trenutku prekinuti svoje članstvo u myIQOS.
2. Uključeni uređaji / Registracija
(a) IQOS 2.4 Plus, IQOS 3, IQOS 3 DUO ili držači ili džepni punjači svih navedenih Uređaja i svi nadograđeni modeli tih Uređaja;
(b) IQOS 3 MULTI uređaj;
(c) bilo koji drugi IQOS uređaj koji društvo Philip Morris prodaje u državi kupnje i registracije.
2.2 Uređaj mora imati čitljiv i važeći serijski broj.
2.3 Svi novi korisnici IQOS uređaja koji se registriraju u Philip Morris Zagreb bazu podataka, mogu koristiti usluge i pogodnosti koje obuhvaća myIQOS registracijom Uređaja koji zadovoljava sve uvjete, unutar razdoblja pokrivenoga jamstvom Uređaja osim ako nije drugačije predviđeno ovim Uvjetima sudjelovanja.
2.4 Prilikom registracije morate pružiti sve potrebne i obvezne informacije na točan i potpun način i održavati te informacije ažurnima. Ako ne ispunite obvezna polja u obrascu za registraciju/ prijavu (primjerice starost odnosno datum rođenja, e-adresu i/ili broj telefona), vaša registracija/ prijava neće biti prihvaćena. Ako pružite netočne ili nepotpune informacije, Philip Morris zadržava pravo na nemogućnost sudjelovanja i korištenja myIQOS, a za koje je potrebno biti registrirani korisnik, bez obavijesti.
2.5 Mogućnost korištenja usluga i pogodnosti koje obuhvaća myIQOS namijenjene su vama osobno i ne mogu se prenijeti na treću stranu.
2.6 Vaša upotreba myIQOS usluga i pogodnosti povezana je sa zemljom vašeg boravišta. Budući da je myIQOS dostupan samo u određenim zemljama, ako promijenite zemlju boravišta, morate nas obavijestiti kako biste mogli dalje nastaviti koristiti myIQOS usluge i pogodnosti.
3. Trajanje i prestanak
3.1 Vaše korištenje i sudjelovanje u myIQOS uslugama i pogodnostima počinje na dan prihvaćanja ovih Uvjeta. Za ostvarivanja prava odnosno usluga iz 4. i 5. poglavlja te pod člancima 6.1, 6.2, 6.4 i 6.6 ovih Uvjeta sudjelovanja morate biti registrirani korisnik. Prava iz četvrtog i petog članka ovih Uvjeta vrijede tijekom preostaloga razdoblja pokrivenoga vašim dvanaestomjesečnim jamstvom registriranog IQOS uređaja u državi kupnje. Preostala prava iz ovih Uvjeta sudjelovanja prestaju kad odlučite prestati prihvaćati ove Uvjete sudjelovanja, kad mi ih mi prestanemo pružati ili kad više ne ispunjavate utvrđene kriterije za primanje predmetnih usluga.
3.2 Svoje sudjelovanje u programima i korištenju usluga i pogodnosti koje obuhvaća myIQOS smijete prekinuti s neposrednim učinkom obavještavajući o tome Philip Morris na prodajno-servisnim mjestima IQOS proizvoda ili putem IQOS Centra za korisničku podršku na besplatan broj 0800 9153 ili putem e-maila [email protected] Nakon prekida članstva više nemate pravo na IQOS usluge i pogodnosti ni za jedan od svojih Uređaja.
3.3 Philip Morris smije prekinuti Vaše korištenje i sudjelovanje u myIQOS uslugama i pogodnostima s neposrednim učinkom ako prekršite ove Uvjete. Philip Morris također smije prekinuti vaše članstvo iz bilo kojega razloga s otkaznim rokom od 30 (trideset) dana putem pisane obavijesti.
3.4 Sudjelovanje i korištenje myIQOS usluga i pogodnosti daje vam pravo na upotrebu usluga koje su opisane u člancima 4., 5. i 6. (Usluge), pod dolje opisanim uvjetima.
4. Slučajno oštećenje
4.1 Ako prilikom upotrebe, pohrane ili održavanja Uređaja dođe do nenamjernog oštećenja Uređaja, koje nije uzorkovano vašom zloupotrebom ili neodgovornim ponašanjem, a koje utječe na funkcionalnosti Uređaja (Slučajno oštećenje), možda ispunjavate uvjete za zamjenu Uređaja u skladu s člankom 4.
4.2 Oštećeni Uređaj (uključujući sve dijelove) trebate predati na prodajno-servisnim mjestima IQOS uređaja i dobit ćete zamjenski Uređaj istoga tipa, jednakovrijedan zamijenjenom Uređaju u smislu radnih značajki i pouzdanosti. Ako zamjenski Uređaj istoga tipa nije dostupan, u zamjenu ćete dobiti Uređaj koji spada u istu kategoriju i koji je barem funkcionalno jednakovrijedan. Philip Morris zadržava sve zamijenjene Uređaje. Ako je oštećen samo dio Uređaja, npr. držač ili džepni punjač IQOS 3, zamijenit će se samo oštećeni dio, a Philip Morris zadržat će samo zamijenjeni dio Uređaja.
4.3 Ograničenja koja se primjenjuju na Slučajna oštećenja
(d) Morate primijeniti sve razumne predostrožnosti za zaštitu svojega Uređaja te upotrebljavati i održavati Uređaj u skladu s uputama i vodičem za upotrebu. Ako to ne učinite, nemate pravo na zamjenski Uređaj.
(e) Ograničeni ste na jedan zamjenski Uređaj u okviru Usluge Slučajnog oštećenja za svaki registrirani Uređaj. Nakon prve zamjene Usluga Slučajnog oštećenja u vašoj zemlji boravišta prestaje vrijediti, kao i s njime povezana brza zamjena u sklopu ovih uvjeta sudjelovanja. No i dalje imate pravo na ostale Usluge za svoj Uređaj u okviru myIQOS usluga i pogodnosti tijekom čitavoga trajanja vašega članstva (tijekom razdoblja pokrivenoga jamstvom za Uređaj ili duže za one Usluge za koje nije potrebno biti registrirani korisnik).
(f) Nemate pravo na zamjenski Uređaj ako je do Slučajnog oštećenja došlo prije datuma početka primjenjivosti myIQOS usluga i pogodnosti ili ako je prisutna neka od sljedećih okolnosti:
(i) proizvod koji nije Uređaj na koji se primjenjuje program zamjene, u skladu s popisom u članku 2.1.;
(ii) šteta prouzročena neispravnom upotrebom, stvarnom ili pokušanom modifikacijom ili izmjenom Uređaja, prenaponom;
(iii) Uređaji s izmijenjenim, oštećenim ili uklonjenim serijskim brojem;
(iv) Uređaji koji su otvoreni, servisirani, modificirani ili izmijenjeni na način koji društvo Philip Morris nije dopustilo;
(v) gubitak ili krađa vašega Uređaja;
(vi) površinska šteta na Uređaju koja ne utječe na njegovu funkcionalnost, a koja uključuje, ali nije ograničena na vrlo tanke pukotine, ogrebotine, udubljenja, slomljenu plastiku na priključcima ili promjenu boje;
(vii) oštećenje ili kvar prouzročeni redovnom upotrebom/ trošenjem Uređaja;
(viii) neispravno rukovanje, dodir s tekućinom, oštećenje u požaru, poplavi ili prirodnoj katastrofi, ratu ili terorističkome činu;
(ix) kvar zbog upotrebe s nekompatibilnim proizvodom;
(x) oštećenje ili kvar prouzročeni upotrebom suprotnom načinu upotrebe opisanome u Vodiču za upotrebu IQOS uređaja;
(xi) kvar zbog neispravnosti materijala i/ili izrade i/ili dizajna; no takav kvar može biti pokriven odvojeno, u okviru vaših potrošačkih prava ili jamstvom na Uređaj koje je dodatno i kojim se ne dovode u pitanje sva prava i pravni lijekovi koji su zajamčeni zakonima o zaštiti potrošača u državi kupnje.
4.4 Podnošenje zahtjeva za Slučajno oštećenje
(i) podnijeti zahtjev na prodajno-servisnim mjestima IQOS uređaja ili putem IQOS Centra za korisničku podršku što je prije moguće, a svakako u roku 14 dana od dana kada vaš Uređaj pretrpi Slučajno oštećenje, te uključiti sljedeće informacije: (1) serijski broj Uređaja o kojemu je riječ, (2) opis simptoma, poteškoća ili uzroka štete na Uređaju, (3) poruke s greškom i (4) radnje koje su se odvile prije nego su se pojavile poteškoće s Uređajem te korake koje ste poduzeli kako biste riješili poteškoću.
(ii) ako to od vas bude zatraženo, morate dostaviti dokaz o kupnji Uređaja i
(iii) na drugi se način pridržavati procesa autorizacije društva Philip Morris-a koji se odnose na vraćene Uređaje s kojim će vas upoznati IQOS Centar za korisničku podršku.
(h) Zahtjev također možete podnijeti pozivom na besplatan broj IQOS Centra za korisničku podršku 0800 9153, pružajući iste informacije koje su navedene u članku 4. 4.(a).
(i) Philip Morris utvrdit će imate li pravo na zamjenski Uređaj u skladu s ovim Uvjetima. Ako imate pravo na zamjenski Uređaj, on će vam biti dostavljen:
(i) na prodajno-servisnim mjestima IQOS proizvoda. Svoj neispravni uređaj možete vratiti na prodajno-servisnim mjestima IQOS proizvoda na kojima korisnik myIQOS usluga i pogodnosti može ostvariti svoja prava u skladu s ovim Uvjetima i dobit ćete zamjenski uređaj.
5. Međunarodna podrška
5.1 Kada putujete u države u kojima društvo Philip Morris, njegova povezana društva, podružnice ili ovlašteni partneri prodaju IQOS uređaje, na raspolaganju vam je međunarodni broj korisničke podrške +800 2559 2559 (pripazite, na nekim se mjestima može naplaćivati, molimo vas da provjerite pojedinosti sa svojim mobilnim operaterom prije upućivanja poziva). Ta Usluga uključuje podršku iskusnih IQOS agenata u rješavanju poteškoća s IQOS uređajem te, ako je potrebno, zamjenu vašega Uređaja u slučaju (i) Slučajnog oštećenja u skladu s ovim Uvjetima ili (ii) poteškoća s Uređajem koje se odnose na materijal ili izradu, ako se Uređaj upotrebljava u skladu s Vodičem za upotrebu Uređaja.
5.2 Mogućnosti ove Usluge, dostupnost Uređaja te vrijeme odziva i dostave ovise o državi. Ova Usluga ne utječe na vaša zakonska prava i prava iz jamstva koja se odnose na vaš Uređaj koja vrijede u državi kupnje.
5.3 Ograničenja Međunarodne podrške
(j) Ograničenja iz članka 4. 3. (Ograničenja) primjenjuju se na zamjenu prilikom Slučajnog oštećenja u okviru Međunarodne podrške.
(k) Sljedeći slučajevi nisu obuhvaćenim zamjenom u slučaju poteškoća s Uređajem, koje se odnose na materijal ili izradu, ako se Uređaj upotrebljava u skladu s Vodičem za upotrebu Uređaja:
(i) oštećenja prouzročena redovnom upotrebom/ trošenjem;
(ii) površinska oštećenja (poput ogrebotina, udubina i slomljene plastike);
(iii) oštećenja prouzročena neispravnom upotrebom, prenaponom, neprikladnim rukovanjem, kontaktom s tekućinom ili vatrom;
(iv) kvar zbog upotrebe s nekompatibilnim proizvodom;
(v) oštećenja ili kvarovi prouzročeni pokušajem korisnika ili tehničkoga servisera kojega proizvođač nije ovlastio da otvori, izmijeni ili popravi Uređaj;
(vi) oštećenja ili kvarovi prouzročeni upotrebom suprotnom načinu upotrebe opisanome u Vodiču za upotrebu Uređaja.
5.4 Podnošenje zahtjeva za Međunarodnu podršku
(i) podnijeti zahtjev pozivom centru za korisničku podršku na broj +800 2559 2559 što je prije moguće, a svakako u roku od 1 dan nakon što vaš Uređaj pretrpi slučajno oštećenje ili nakon nastupanja poteškoća s Uređajem koji se odnose na materijal ili izradu, a u slučaju da je Uređaj upotrebljavan u skladu s Vodičem za upotrebu Uređaja, te navesti sljedeće informacije: (1) serijski broj Uređaja o kojemu je riječ, (2) opis simptoma, poteškoća ili uzroka štete na Uređaju, (3) poruke s greškom i (4) radnje koje su se odvile prije nego su se pojavile poteškoće s Uređajem te korake koje ste poduzeli kako biste riješili poteškoću.
(ii) ako to od vas bude zatraženo, morate dostaviti dokaz o kupnji Uređaja,
(iii) pratiti upute o pakiranju i slanju poštom od strane Philip Morris društva za slanje Uređaja društvu Philip Morris i
(iv) na drugi se način pridržavati procesa autorizacije vraćenih Uređaja društva Philip Morris s kojim će vas upoznati centar za korisničku podršku.
(m) Philip Morris utvrdit će imate li pravo na zamjenski Uređaj u skladu s ovim Uvjetima. Ako imate pravo na zamjenski Uređaj, on će vam biti dostavljen na jedan od sljedećih načina:
(i) kurirskom dostavom. Dostavljač će Vam donijeti zamjenski Uređaj, a Uređaj u kvaru trebate poslati društvu Philip Morris, sve detalje ćete dobiti pozivom centru za međunarodnu korisničku podršku na broj telefona naveden u 5.4. a (i) .
(ii) na prodajnome mjestu. Svoj Uređaj u kvaru možete vratiti u IQOS trgovinu ili prodajno-servisna mjesta IQOS proizvoda u na vas uputi IQOS Centar za korisničku podršku (ili na odgovarajuće mjesto u inozemstvu), a tamo ćete dobiti zamjenski Uređaj.
(iii) poštom. Philip Morris dostavit će vam paket s prethodno plaćenom poštarinom kako biste poštom mogli poslati svoj Uređaj društvu Philip Morris. Nakon inspekcije i popravka Philip Morris vratit će vam Uređaj ili dostaviti zamjenski Uređaj. Philip Morris platit će poštarinu za slanje s vaše lokacije i na nju ako postupite u skladu sa svim uputama.
6. Ostale usluge
6.1 Personalizirana podrška. Ako ste pristali primati informacije o IQOS proizvodima i uslugama te ste registrirani korisnik koji pristaje na ove Uvjete sudjelovanja, imat ćete pristup IQOS stručnjaku koji vam može pružati potrebnu korisničku podršku u prvim danima upotrebe Uređaja. Ta je potpora dostupna tijekom standardnoga radnog vremena u zemlji vašega boravišta.
6.2 Usluga brze zamjene. Ova Usluga vam, kao registriranom korisniku, omogućava brzu zamjenu Uređaja na prodajno-servisnim mjestima IQOS proizvoda na kojima korisnici myIQOS usluga i pogodnosti mogu ostvariti svoja prava u skladu s ovim Uvjetima ako dođe do Slučajnog oštećenja i/ili kada se prilikom upotrebe u skladu s Vodičem za upotrebu Uređaja pojave poteškoće s Uređajem koje se odnose na materijal ili izradu zbog kojih se može podnijeti valjani zahtjev za zamjenu. Pravo na ovu Uslugu utvrđuje Philip Morris.
6.3 Budite informirani. Ako ste pristali primati informacije o IQOS proizvodima i uslugama, kao korisnik myIQOS usluga i pogodnosti, pristajete primati i vijesti i informacije o pogodnostima i uslugama koje obuhvaća myIQOS, pozive na sudjelovanje u određenim aktivnostima, informacije o novim proizvodima i uslugama korisničke podrške te personalizirane informacije o proizvodima i dobivate pristup sadržaju te vijestima povezanima s IQOS proizvodima.
6.4 Pametna zamjena.
(n) Ova Usluga Vam, kao registriranom korisniku, omogućava vraćanje IQOS uređaja u zamjenu za vrijednosni kupon po izboru Philip Morrisa. Sljedeći modeli IQOS uređaja su prihvatljivi za sudjelovanje u sklopu ove pogodnosti:
IQOS 2.4 PLUS, IQOS 3 i IQOS 3 DUO sustavi (sudjelovanje moguće samo uz predaju držača i džepnog punjača pripadajućeg sustava) te
IQOS 3 MULTI uređaj.
(o) Registrirani korisnici mogu ostvariti pravo na vrijednosni kupon u zamjenu za vraćeni Uređaj koji su kupili te koji im je registriran pod njihovim korisničkim profilom prilikom vraćanja nekog od gore navedenih uređaja na prodajno-servisnim mjestima IQOS proizvoda ili kod IQOS Stručnjaka u skladu sa sljedećim uvjetima:
- Registrirani su u Philip Morris bazi podataka
- Punoljetni su vlasnici/korisnici IQOS 2.4+, IQOS 3, IQOS 3 Multi ili IQOS 3 DUO uređaja
- Imaju registriran IQOS sustav na svom korisničkom profilu
- IQOS sustav koji se vraća sastoji se od držača i džepnog punjača, osim u slučaju IQOS 3 Multi uređaja
(p) Podložno prethodno navedenom, registrirani korisnici će dobiti kupon po izboru Philip Morrisa u vrijednosti 150 HRK (19,91 EUR*) u zamjenu za vraćeni Uređaj. Philip Morris zadržava pravo promijeniti vrijednost kupona na koji registrirani korisnici imaju pravo. U tom slučaju Philip Morris će pravovremeno obavijestiti registrirane korisnike. *1 EUR=7,53450 HRK
(q) Registrirani korisnik može iskoristiti pravo na Pametnu zamjenu najviše 1 put unutar jamstvenog roka.
(r) Neovisno o pravu korištenja myIQOS usluga i pogodnosti, Philip Morris će po svojoj diskrecijskoj ocjeni odlučiti o dodjeljivanju vrijednosnog kupona u zamjenu za one Uređaje koji više ne ispunjavanju ovdje propisane uvjete. Philip Morris zadržava potpuno diskrecijsko pravo utvrđivanja vrijednosti i vrste kupona koja bi se mogla dodijeliti kao zamjena za vraćeni Uređaj
(s) U sljedećim okolnostima uređaji iz točke (a) ovog članka neće biti prihvatljivi za sudjelovanje u Pametnoj zamjeni:
- šteta na uređaju prouzročena neispravnom upotrebom, stvarnom ili pokušanom modifikacijom ili izmjenom Uređaja, prenaponom;
- uređaji s izmijenjenim, oštećenim ili uklonjenim serijskim brojem;
- uređaji koji su otvoreni, servisirani, modificirani ili izmijenjeni na način koji društvo Philip Morris nije dopustilo;
(t) sudjelovanje u pogodnosti Pametna zamjena ne utječe na trgovačke prakse prodavatelja IQOS uređaja ili trgovaca koji prihvaćaju kupon izdan od strane Philip Morris-a kao sredstvo plaćanja. U skladu s navedenim, Philip Morris ne preuzima odgovornost za radnje ili trgovačke prakse prodavatelja IQOS uređaja/trgovca u odnosu na proizvode koje prodaju uz primjenu kupona, uključujući pravo kupca na povrat novca za kupljeni proizvod u slučajevima kada uvjeti za postojanja materijalnih nedostataka na prodanom proizvodu prema primjenjivim propisima ili uvjeti iz jamstva za prodani proizvod nisu ispunjene.
6.5 Zanima me IQOS
Mogućnost da korisnici koji su zainteresirani za IQOS uređaj ostave svoje podatke kako bi ih IQOS stručnjaci kontaktirali u vrijeme i na mjestu koje njima odgovara i iz prve ruke saznali kako IQOS uređaj radi te kako ga koristiti. IQOS uređaj korisnik je u mogućnosti odmah i kupiti od IQOS stručnjaka.
6.6 Najam IQOS uređaja
Svi detalji oko mogućnosti najma IQOS uređaja možete pronaći na IQOS prodajno-servisnim mjestima ili kod IQOS stručnjaka.
6.7 Povrat novca u roku od 30 dana
Ova Usluga vam, kao registriranom korisniku, omogućava povrat novca u roku od 30 dana od kupovine uređaja. Kako biste ostvarili pravo na ovu uslugu, IQOS sustav u trenutku vraćanja treba funkcionirati ispravno i biti bez vidljivih fizičkih oštećenja te sve komponente unutar IQOS sustava trebaju biti vraćene. Također imate pravo na samo jedan povrat IQOS sustava.
Ako se odlučite za ovu Uslugu, molimo Vas da kontaktirate Centar za korisničku podršku na besplatan broj 0800 9153 ili posjetite najbliže prodajno-servisno mjesto (dodati link na webu).
6.8 Online uputstva. Pogodnost koja omogućuje svim korisnicima myIQOS usluga i pogodnosti pristup uputama za korištenje IQOS uređaja koji donose više detalja o tome kako IQOS uređaj radi i kako ga koristiti.
6.9 Rješavanje poteškoća. Kao korisnik myIQOS usluga i pogodnosti, ova usluga Vam omogućava upute za jednostavno i brzo rješavanje poteškoća nastalih korištenjem Vašeg uređaja.
6.10 Ažuriranje firmwarea. Kako biste osigurali najbolje iskustvo, dostupna je usluga ažuriranja IQOS uređaja na posljednju verziju firmwarea. Usluga je dostupna na IQOS prodajno-servisnim mjestima.
6.11 Profesionalno čišćenje uređaja. Kao dio myIQOS usluga i pogodnosti, nudimo Vam uslugu besplatnog i profesionalnog čišćenja Vašeg IQOS uređaja na IQOS prodajno-servisnim mjestima.
7. Vaše obveze.
(s) da nećete zloupotrebljavati myIQOS usluge i pogodnosti;
(t) da ćete štititi sigurnost svojega članskog računa;
(u) da prilikom zamjene svaki zamjenski Uređaj postane vaše vlasništvo, a da zamijenjeni Uređaj postane vlasništvo osobe koja obavlja zamjenu;
(v) pridržavati se važećih zakona.
8.1 Budući da je vaše članstvo u myIQOS uslugama i pogodnostima besplatno, pruža se u stanju u kakvome jest i bez ikakvoga jamstva.
8.2 Društvo Philip Morris i njegova povezana društva u najvećoj se mogućoj mjeri dopuštenoj važećim zakonima odriču odgovornosti za svu štetu (uključujući štetu prouzročenu nemarom ili kršenjem propisanih dužnosti), kršenje ugovornih odredbi, pogrešno prikazivanje, povrat ili za sve izravne gubitke, gubitak dobiti, prodaje, prihoda ili uštede, gubitak poslovanja ili dobre volje i/ili slične gubitke, ili gubitak ili oštećenje podataka ili informacija, ili čiste ekonomske gubitke, ili sve posebne, neizravne ili posljedične gubitke, troškove, štetu, naknade ili izdatke koji proizlaze iz vašeg sudjelovanja ili su na drugi način prouzročeni vašim sudjelovanjem u myIQOS uslugama i pogodnostima ili vašom upotrebom Usluga. Philip Morris nije odgovoran ni za koji od gubitaka navedenih u članku 8. 2., čak i ako ste obavijestili Philip Morris o mogućnosti takvih gubitaka.
8.3 Ništa u članku 8. ne isključuje odgovornost koje se ne može odreći/ koja se ne može isključiti u skladu s važećim zakonima.
9.1 myIQOS nije polica osiguranja.
9.2 myIQOS trenutačno se pruža bez naknade.
9.3 Pojedinosti o obradi vaših osobnih podataka koje nam pružite opisane su u našoj Obavijesti o privatnosti potrošača dostupnoj na hr.iqos.com/hr/pravne-napomene#obavijest-o-zastiti-privatnosti.
9.4 Na ove Uvjete primjenjuju se zakoni sjedišta društva Philip Morris (za društvo Philip Morris Zagreb d.o.o. relevantno je hrvatsko zakonodavstvo). Svaki pravni spor podliježe isključivoj sudskoj nadležnosti grada u kojemu Philip Morris ima sjedište (Zagreb, za Philip Morris Zagreb d.o.o.).
9.5 Za pitanja, upite i informacije za kontakt, molimo vidjeti hr.iqos.com/hr/podrska ili putem IQOS Centra za korisničku podršku na besplatan broj 0800 9153.