Effective Date: 7 March 2023
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1. Welcome to IQOS New Zealand. These terms and conditions are intended to keep IQOS New Zealand a safe place to purchase. This website,as well as any software applications that connect to, is owned by Philip Morris Products S.A. and the following terms and conditions of use apply (“Website”). The following terms “Philip Morris”, “we”, “us” and “our” refer to Philip Morris (New Zealand) Limited of Ground Floor, 46 Sale Street, Auckland, New Zealand and its related companies.
1.2.The following terms “you”, “your”, “customer” and “consumer” means you and any other person who uses the Website, registers as a User or orders Products under your Account. The Website, as well as the products offered for sale on the Website (“Products”), are exclusively for consumers that are at least 18 years old and are smokers or vapers. Only individuals who are registered on the Website are eligible for full access and to purchase Products (“Users”) in accordance with any applicable conditions of purchase.
1.3.Acceptance of terms and conditions
These terms and conditions are the terms on which Philip Morris offers you access to the Website (including the purchase of Products via the Website). By using the Website you acknowledge that you have read, understood and accepted these terms and conditions (as amended from time to time) and agree to be bound by them. If you do not accept these terms and conditions, you must refrain from using the Website and, accordingly, will not be able to order Products.
1.4. Amendment of terms and conditions
As Philip Morris operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Website represents your agreement to be bound by the terms and conditions as amended.
2.CONDITIONS FOR SALE
2.1.Access, password
The Website may be used to order Products by Users who are at least 18 years of age, who are smokers or vapers of nicotine products, and who meet all other requirements set out in these terms and conditions. In order to receive full access to the Website, Users will have to register and verify their identity, age and residence. If we are unable to verify a User’s age via our automated process, we may ask a User to verify their age manually via our Customer Service Centre (“CSC”). This process will require the User to email us an image of a government issued form of identification. Our CSC agents will manually verify the Users’ age and then destroy all personally identifiable information that is no longer required in accordance with our policy available here: https://pmiprivacy.com/en/consumer (“Privacy Policy”).
We may refuse to accept your registration as a User for any reason whatsoever. Users have to register and choose a personalised username and a password (“Account”). This information must not be provided to a third party. This measure serves to prevent any unauthorised use of the Website. The User is obliged to keep their username and password secure and private.
The User is obliged to inform Philip Morris immediately if there is any reason to believe that (i) a third party may be aware of their username and password, or (ii) their username and password are being used without authorisation. Philip Morris accepts no liability whatsoever for any damage or loss (whether direct or consequential) caused by the transmission or unauthorised use of usernames and passwords.
2.2. Responsibility for orders placed under Account
You are responsible for every order placed under your Account. By ordering Products, you warrant that you are over the age of 18 and we are entitled to rely on that warranty. You must ensure that no one under the age of 18 uses your Account and you must ensure that any Products ordered by you will only be used by you and will not be used by any other individual including persons under the age of 18. Philip Morris reserves the right to change the offer of Products and to remove certain Products from the market at any time. Where this affects your order, you will be notified and be provided an opportunity to cancel the order and receive a full refund.
2.2.1 No refunds or returns accepted once a purchase is made
Please choose carefully. We do not provide refunds or accept returns if you change your mind after a purchase is made. If goods a faulty, these will be repaired, replaced or exchanged as appropriate.
2.3. Order Process
When the User orders Products using the Website (by providing all the necessary details as specified on the Website), you will be sent a confirmation email that contains the details of the order and also the confirmation that we have accepted the order. Orders placed through the Website constitute legal offers to purchase and are capable of being accepted by us without any further reference to you. You cannot cancel an order after it has been placed. Every User is responsible for updating their address before placing an order. In case of violation of these terms, Philip Morris has the right to cancel the User’s order and prohibit the usage of the Website by closing the relevant account without prior notice.
2.3.1 Australian Orders made on the Website
Without limiting the requirement for any other necessary information to be provided by the User in ordering Products from the Website, the User must:
• if ordering Tobacco Products, obtain a valid Australian Border Force tobacco importation permit and provide that to us before an order can be processed; and
• Accept our Shipping and Returns policy before an order can be processed.
Orders for Products using the Website and intended for importation to Australia are supplied under the Australian Therapeutic Goods Administration’s (“TGA”) personal nicotine importation scheme. Further information can be found here: https://www.tga.gov.au/personal-importation-scheme. For tobacco product orders, the Australian Border Force’s prohibited imports system applies. Further information can be found here: List of prohibited items (abf.gov.au).
By uploading this information, you provide us with your consent to deal with any personal information, which in turn will be handled in accordance with our Privacy Policy.
You are responsible for ensuring that you have undertaken your own enquiries and general due diligence as to documentation required by you in order to import nicotine and/or tobacco products into Australia.
By ordering Products, you warrant that you have undertaken your own enquires and due diligence and we are entitled to rely on that warranty. This includes that sales are conducted under New Zealand law and that Philip Morris (New Zealand) Limited will not refund or accept returns if you change your mind once a purchase is made.
We will not accept any responsibility or liability whatsoever for a situation where you have provided insufficient or incorrect documentation (medical prescription or tobacco import permit), nor for any damage or loss (whether direct or consequential), including but not limited to, Products being seized and/or destroyed by Australian Border Force or by our Courier if they are unable to complete delivery to the Delivery Address as specified on the order confirmation.
2.4. Order limits
Unless specified on the Website, you can make a maximum order of Products to the value of NZ$1000 per order inclusive of Goods and Services Tax (GST) where applicable and any applicable promotional discounts. Maximum order quantities can be changed at any time by Philip Morris.
2.4.1 Australian Order Limits
In addition to the order limits referred to in Section 2.4, the personal nicotine importation scheme under the Australian TGA imposes the following additional restrictions:
• you may only import a three (3) month supply of Products at any one time; and
• the total quantity of Products you may import within a twelve (12) month period, must not exceed fifteen (15) months’ supply of Products.
Further information on the personal nicotine importation scheme under the TGA can be found here: https://www.tga.gov.au/personal-importation-scheme.
2.5. Availability of Products
Philip Morris will use its best endeavours to provide Products offered on the Website. However, if an order is placed, and the ordered Product is unavailable, we may delay the order or cancel all or part of the order without incurring any liability to you. Where we delay or cancel an order, we will send you a message informing you of the delay or cancellation of the order. We will not charge you for the portion of your order that is cancelled. In the case of possible delay, you will be given the opportunity to cancel the order.
2.6. Resale
Resale of Products purchased from the Website is strictly prohibited.
2.7. Price
The prices for each Product are listed on the Website. All prices on the Website are displayed in New Zealand dollars inclusive of GST except for tobacco Products, which do not include GST in the price displayed on the Website.
The prices of the Products listed on the Website do not include delivery charges. Unless otherwise stipulated, delivery charges will be calculated at checkout and charged in addition to the price of the Products purchased.
2.7.1 Pricing for Products imported into Australia
Without limiting any other stipulation in relation to pricing in these terms and conditions, if a User is importing Tobacco Products into Australia, GST and excise duty will be charged and collected by the Australian Government upon importation.
Further information on the excise duty rates for tobacco can be found here: https://www.ato.gov.au/Business/Tobacco-and-excise/Excise-duty-rates-for-tobacco/.
If the User orders Tobacco Products from the Website and intends to import them into Australia, the User accepts that they will incur additional costs related to GST and tobacco excise duty. Unless a User is on the Auto Delivery - Flexible Plan, this will be charged and collected from the User by the Australian Government upon importation. The User is expressly and singly liable for any tobacco excise duty and GST upon importation.
2.8. Payment
Customers can pay with Credit or Debit card (Visa or MasterCard only). The minimum transaction amount is NZ$50.00 per order excluding delivery charges. Philip Morris uses a Secure Socket Layer (SSL)-encryption as well as other certified encryption technologies and systems.
3. TERMS FOR DELIVERY
3.1. Shipping and Returns policy
These terms and conditions must be read our alongside Shipping and Returns policy.
3.2. Courier and Delivery Address
Philip Morris has appointed the company Online Distribution Services Limited, or such other courier appointed by us from time to time (“Courier”), to fulfil the delivery of orders for this Website. The Courier is, in addition to this, responsible for the compilation, packaging and billing. The ordered Products will be delivered by the Courier to the User’s place of residence as specified on the order confirmation (“Delivery Address”).
If the order is to be shipped to Australia, the Courier may be DHL, or any such Courier appointed by us. The User’s name and address must match those on the supplied on the Australian nicotine prescription and/or tobacco importation permit.
3.3. Acceptance of delivery and age verification
Confirmed orders will be delivered to the Delivery Address. You must ensure that you, or a person authorised by you who is over the age of 18 years, is available at the Delivery Address to accept delivery of any Products. We (and/or our Courier) may refuse to complete a delivery if we (and/or our Courier), reasonably believe(s) that delivery would have the effect of supplying a Product to persons under 18 years of age.
We (and/or our Courier) may require a person to provide proof of their age for the purposes of completing age verification. We (and/or our Courier) may assume that the person accepting delivery of the Products at the Delivery Address is authorised by you to accept the Products. If no person is present at the Delivery Address to accept the Products, the delivery will not be made.
3.4. Failed Deliveries
In the event that the delivery has been attempted and has failed our Courier will leave a ‘Card to call’. The card will have details of when the delivery was attempted, the tracking number, and instructions on how to arrange redelivery or collection of the item. The redelivery is organised by you. You can request for collection or redelivery to a new address. If you fail to collect the Products in accordance with our Courier’s instructions within 14 days, the Products will be returned to us.
3.4.1 Failed Deliveries in Australia
In the event that delivery has been attempted to the Delivery Address and this has failed, including for age verification, our Courier will attempt to redeliver the Products.
Where such redelivery is unsuccessful, and you fail to make contact with our Courier or fail to collect the Products in accordance with our Courier’s instructions, the Products will be destroyed two weeks after the stated collection date with no refund or credit.
3.5. Delivery costs:
A delivery fee may be applied to all orders and this will be advised at checkout.
3.6. Delivery period and deadlines
Due to situations out of our control, including but not limited to global shipping delays, we cannot guarantee when your delivery will be received. No delivery takes place on Sundays and public holidays.
4. PRODUCTS
4.1. Damaged or spoiled Products
If you claim that a Product was damaged or spoiled prior to it being delivered to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that the Product has been damaged prior to delivery, or spoiled, we will repair, replace or exchange the Products to the same value of the relevant Product as appropriate.
4.2. Incorrect Products
If a Product that is delivered to you is not the Product that you ordered, you must return the unopened Product to us and we will deliver the correct Product to your Delivery Address at our cost. We will not provide a refund or accept a return for any Products that have been opened or partially consumed.
4.3. Product warranties
Subject to any provisions in the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”), all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Philip Morris other than the express provisions of these terms and conditions.
The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Philip Morris does not assume any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
4.4. Theft and use of Products:
Philip Morris declines any responsibility for theft or misuse of the Product after the Product has been delivered to the User. Users must ensure that the Product will not be used by underage persons (under the age of 18 years).
5. THE WEBSITE
5.1. Ownership of the Website
The Website is the property of Philip Morris and is protected by copyright and trademark laws. Philip Morris explicitly prohibits any unauthorized use of the Website and, in particular (i) any kind of usage of the Website or its content for commercial purposes, and (ii) the reproduction, copying, provision to third parties, communication, distribution, transmission, alteration, licensing, disposal or any other commercial exploration of its Website, including but not limited to its content, texts, text segments, still and moving images, audio files, software, products other services as well as all other data and information, without the prior written consent of Philip Morris.
5.2. Warranty exclusion:
Philip Morris does not accept any liability or provide any warranty whatsoever regarding (i) the correct functioning of the Website (ii) the accessibility and usability of the Website (iii) the completeness, accuracy and topicality of the content, information and data of the Website and (iv) the absence of viruses or absence of other malware on the Website.
Use of the Website is undertaken at the User’s own risk. We will use reasonable endeavours to prevent third parties from accessing your Account, but we will not be liable to you for any direct or indirect damage or loss suffered if a third party gains access to your Account.
Philip Morris is neither obliged to supply or provide any services, data or information, nor to address any technical faults on the Website. Philip Morris reserves the right to change, correct, or delete the Website and its content at any time without notice.
5.3. Third party content
This Website may contain links to other websites operated by third parties. We do not sponsor or approve the operators of, or the material on, those other websites. To the fullest extent allowed by applicable laws, we are not responsible for any material on those other websites.
5.4. Use of the Website
You agree that you will not use the Website for any unlawful purpose or in a manner prohibited by these terms and conditions. You may download content from the Website for personal use, but (other than for this limited purpose) you may not alter, modify, reproduce, transmit or distribute all or part of the Website (or any content uploaded to it) without our prior written consent.
You agree that you will not interfere with anyone’s use and enjoyment of the Website, or interfere with the operation of the Website, or Philip Morris’ systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
6. LIABILITY
6.1. Limitation of liability
Without limiting your rights under the CGA or FTA, both parties’ liability under or in connection with these terms and conditions (including the purchase of any Product from the Website), whether in contract, tort (including negligence) or otherwise, for any loss, damage or injury is limited to the amount equivalent to the total costs paid or payable by you in connection with the Product you purchased (including any delivery or other fees).
6.2. Exclusion of liability
Without limiting your rights under the CGA or FTA, Philip Morris will not be liable to you for any loss of profit, loss of revenue, loss of business or anticipated savings (whether direct or indirect) and/or any indirect or consequential losses arising out of, or in connection with, your use of the Website or any Product. Philip Morris also assumes no liability for possible damage that could arise due to fact that it is not possible to purchase or deliver items or Products that are advertised on Websites.
7. GENERAL PROVISIONS
7.1. Collection of personal information
You agree and acknowledge that we may collect personal information about you in accordance with our Privacy Policy. In addition, you agree to us collecting and storing the information you submit when using the Website or that you provide to us in some other manner (including your name, email address, date of birth and residence). If you do not provide this information you will not be able to purchase Products from the Website. You also agree to us collecting and storing personal information that the Website may automatically collect about you. For example, when you visit our Website your browser will automatically send us your IP Address (internet protocol) and further details (for instance, what type of internet browser you are using) so we can identify your location by country.
7.2. Security and storage of personal information
We take all reasonable measures at an administrative and technical level to avoid any transmission, usage, change or deletion of the personal data that you have provided us whilst visiting or using our Website. We are using the SSL-Protocol (SSL=Secure Socket Layer) as well as digital encodings and other technologies that help us to secure your personal data. Our Privacy Policy contains further details about your rights with respect to the information we hold about you, how your information will be stored and the measures we take in order to assure data security.
7.3. Use of personal information
In addition to the uses set out in the Privacy Policy, you authorize us to use your personal information for our internal business and marketing purposes, customer care, including by using your personal information to send you advertising or promotional material, to contact you regarding participation in product related market research projects and/or to provide you with information about new projects, promotional events, or any kind of marketing activities concerning IQOS or other products or services offered by Philip Morris. We will hold your personal information only for so long as is necessary to fulfil the purpose for which the information was collected. You will be able to unsubscribe from receiving promotional or marketing material from us at any time by clicking on the “unsubscribe” or "opt out" link on the material sent to you or by contacting the address provided in the message you have received.
7.4. Restrictions for transferring/handing over personal data
We will not disclose your personal information to third parties without your consent. You do consent to us sharing this information in accordance with our Privacy Policy with our associated companies (for example, Philip Morris International Management S.A.) and with third parties engaged by us to provide services in connection with the operation of the Website and/or supply of Products, as well as with independent research bodies for non-commercial purposes. You also authorize us to disclose information about you if required by law or is being requested by authorities.
7.5. Force majeure
If we are prevented from performing our obligations under these terms and conditions by reason of force majeure (which shall include prevention occasioned by fire, casualty, accident, an act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Philip Morris) we shall be excused from such performance to the extent of such prevention.
7.6. Consumer legislation
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA or FTA except to the extent permitted by the CGA or FTA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
7.7. Governing law
These terms and conditions are governed by New Zealand law.
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