GENERAL SALES CONDITIONS IQOS.com

GENERAL TERMS OF SALE ON IQOS.com

1. INTRODUCTION 

1.1 These General Terms of Sale apply to the marketing of “IQOS” brand products, as defined below, through the iqos.com website (“website”), managed by Philip Morris Product SA and Philip Morris Operations a.d. Niš (“PMOP”), a single-member joint-stock company with its registered office at Bulevar 12. februar 74, 18000 Niš, Serbia. Philip Morris Operations a.d. Niš (“PMOP”) and Philip Morris Products SA (“Manufacturer”), with its registered office at Quai Jeanrenaud 3, 2000 Neuchâtel, Switzerland, are not the holders of these general terms of sale, although they own or are licensees of the logos, trademarks, intellectual property rights presented on the website and/or related to the products, as better specified in the Terms of Use of the website available here and to which reference should be made. 

1.2 Marketing of “IQOS” brand products through the website is carried out under the exclusive rights of the seller UGS PRO d.o.o., with its registered office at Žorža Klemansoa br. 24, 11000 Belgrade, Serbia, VAT number 107013390, and registration number in the Business Registers Agency 20724242 (“Seller” or “UGS PRO”). 

1.3 In accordance with consumer protection law, the mandatory general information about the Seller is as follows: - UGS PRO d.o.o., with its registered office at Žorža Klemansoa br. 24, 11000 Belgrade, Serbia, VAT number 107013390, and registration number in the Business Registers Agency 20724242.

2. DEFINITIONS

a) “General Terms”: the general terms and conditions of sale in the version published on the website at the time of transmitting the order to the Seller.

b) “Consumer”: any natural person over the age of eighteen (at least eighteen years old, which will be verified, among other things, at the time of delivery), who purchases products for purposes not related to any entrepreneurial, commercial, craft, or professional activity they may eventually perform.

c) “Product(s)”: various types of products from the “IQOS” portfolio commercialized by the Philip Morris Group and marketed by the Seller through the website.

d) “Price(s)”: product prices as indicated on the website at the time of transmitting the order to the Seller.

e) “Cart”: the virtual container present on the website where selected products are placed for purchase.

f) “Delivery”: methods and all costs for sending and delivering products, as indicated on the website and, in any case, within the limits of the territory, at the time of transmitting the order to the Seller.

g) “Party/parties”: Seller and/or consumer.

h) “Territory” refers to the territory of the Republic of Serbia.

3. SUBJECT MATTER 

3.1 These general terms have as their subject matter the regulation of the purchase of products through the website. 

3.2 Before performing any action related to the purchase of products through the website, carefully read and accept these general terms. By placing an order, the consumer declares that they are familiar with and fully accept these general terms.

4. PRODUCTS 

4.1 The characteristics and composition of the products are those described and available on the website, as indicated on each product page. 

4.2 Before submitting an order to the Seller, consumers must carefully read the product description on the website. 

4.3 The visual representation of products on the website, if available, generally corresponds to the photograph found in the product information sheets. It is understood that product images are provided solely for the purpose of presentation for sale and that such images do not represent perfect characteristics and quality of the products, which may differ in color and size. In case of any discrepancy between the image and the product page, the description contained in the product information sheet prevails.

5. PRICE 

5.1. The price expressed in dinars includes standard packaging costs for products with VAT (if applicable). 

5.2. Prices do not include, unless otherwise indicated, shipping costs other than standard delivery and alternatives to standard delivery, which is free. The Seller provides information about all other delivery methods and related costs and lists them on the website. Product prices also do not include the payment service fee when paying cash on delivery; this will be indicated on the website on the order review page before proceeding with the order. Prices are subject to change at any time without prior notice, but such changes do not apply to already executed orders. 

5.3. The consumer must pay the price to the Seller as stated in the order confirmation sent by email/Viber and in accordance with these general terms. If the products are no longer available at the time of ordering, UGS’s responsibility is to promptly inform the consumer. The Seller will also immediately refund any amount already paid by the consumer, and the order will be considered canceled. 

5.4. Consumers are aware that disregarding the costs, fees, taxes, and/or duties mentioned in the previous points 5.1 and 5.2, as indicated at the time of submitting the order to the Seller, does not constitute a valid reason for canceling these general terms, and they will not be allowed to charge the Seller for these costs under any circumstances.

6. ORDER TRANSMISSION 

6.1. The presentation of products on the website constitutes a contractual offer to purchase. 

6.2. To place an order, consumers choose products from those available on the website, add them to the cart, and submit the order to the Seller. As stated in clause 6.9, the order represents a contractual offer to purchase. All orders can be placed for one product or multiple products; in the latter case, products listed in one order may be delivered together or separately, according to the Seller’s available stock, without additional charges for consumers. 

6.3. Orders can only be placed by legal-age consumers (minimum age: 18 years) who are registered on the website or already have an IQOS account. For this purpose, after selecting products and adding them to the cart, consumers can alternatively: a) if already registered on the website, log in by entering login credentials and access the “Personal Data” section on the IQOS account; b) if not yet registered, register on the website by providing necessary information, including a valid email address and mobile phone number, accepting the terms of use for their personal data and the website. 

6.4. After login or registration, depending on the case, consumers can proceed to order transmission by entering requested information during the purchase. Consumers can also enter a delivery address for the products (within the territory) and/or a phone number to be contacted in case of urgent communication by the Seller regarding the completed purchase; the address and number may differ from those provided at the time of registration on the website. 

6.5. Upon order completion, consumers will receive an order accompanied by an invoice, including billing-related information, including the billing address. The courier will verify the age. Only legal-age users (18+) can receive the package. 

6.6. Before submitting the order, consumers can review the order summary with details that can still be modified before placing the order. Before ordering from the Seller, consumers must carefully read these general terms. 

6.7. To create an order with the Seller, consumers must complete the order and finally submit it to the Seller by clicking the “Finish Order” button on the website.

6.8. At the time of submitting the order, consumers also choose the following options among those available on the website:

a) Payment method, as better specified in the following clause 7.

b) Delivery method when the Seller offers a different method of delivery other than standard delivery.

6.9. The order transmitted to the Seller constitutes a contractual offer to purchase.

7. PAYMENT METHOD 

7.1. The price can be paid, at the consumer’s choice: - i) By credit and debit card (MasterCard, Visa, Dina, Maestro, American Express), under the conditions specified below. - ii) Cash on delivery. The Seller reserves the right to offer other payment methods, providing appropriate indications on the website. 

7.2. In the case of payment by credit or debit card, the order amount is charged exclusively at the time of sending the order confirmation from clauses 8.2 and 8.3. 

7.3. In the case of credit card or debit card payment, consumers are redirected to a secure site, and the authenticity of consumer data is directly verified by the card issuer for consumer protection. If, for any reason, it is impossible to debit the due amount, the sales process is automatically blocked, and the sales contract is automatically canceled, without any charge to consumers and without any liability of the Seller. 

7.4. All communication regarding payment and the data provided by consumers during payment are transmitted over secure lines with a full guarantee of protection, thanks to payment gateway security protocols. The payment processor (Monri) has implemented the SSL (Secure Sockets Layer) protocol to protect data, requiring a high level of security (e.g., passwords and credit card numbers). Thanks to this technology, information is encrypted and protected from any type of cyber attack. 

7.5. In the case of cash payment on delivery, the amount due is indicated in the cart, in the order summary received by email. On the day of delivery, consumers pay the courier in cash.

8. ACCEPTANCE OF ORDERS 

8.1. After successfully completing the order transmission, without questioning the provisions of clause 8.4, the Seller sends an order acceptance message to the consumer’s email address entered at the time of registration on the website. 8.3. All product purchase contracts are considered concluded at the time of receipt of the order confirmation by the consumer from clause 8.1. 8.4. If the products are no longer available at the time of order processing, the Seller promptly informs consumers of such circumstances via a phone call. The Seller also immediately refunds any amount that the consumer may have paid in advance, and the order/contract between the Parties is considered canceled.

9. DISPATCH AND DELIVERY 

9.1. After sending the order acceptance message, consumers receive an email containing order information. In the case of express delivery, the user will receive a phone call from Glovo’s courier before delivery. In the case of Click & Collect, consumers can pick up the order from one of the IQOS zones. 

9.2. Products are delivered to the address provided during purchase, in accordance with the previous clause 6.4, and are delivered directly to the consumer, not to other individuals. The courier verifies that: - i) The consumer is of legal age (minimum age: 18+), as shown by a valid ID card that the courier will scan to confirm that the user is 18 years or older. The personal data from the ID card will not be stored anywhere during this verification. - ii) The personal data displayed in the valid ID card matches the name indicated in the consumer’s order waybill. In case of disagreement between the ID card and the name listed in the order waybill, or if the consumer refuses to show a valid ID card or is a minor, the courier will not deliver the product.

9.3. Consumers acknowledge and accept that, although the website is potentially accessible worldwide, dispatch and delivery of products can only occur within the territory of the Republic of Serbia and its borders. Consumers confirm and accept that if the specified address is not within the territory’s boundaries, the corresponding order cannot be executed, and therefore, the purchase cannot be completed.

9.4. Except in cases of force majeure or unforeseen circumstances, the Seller currently provides standard delivery with indicative delivery within 3 working days (excluding Saturday and Sunday).

10. RIGHT OF WITHDRAWAL, PRODUCT RETURN, REFUND 

10.1. Consumers have the right to withdraw from any contract concluded with the Seller, without stating reasons, within 14 days from the day they physically possess all purchased products. 

10.2. Consumers intending to exercise the right of withdrawal notify the Seller by sending a notice in one of the following two ways: - a) By informing Customer Service at the toll-free number 0800 800 808 of their decision to withdraw, providing the information specified in the standard withdrawal notice attached to these general terms, the withdrawal form prescribed by consumer protection law. Customer Service sends consumers a confirmation of receipt of the withdrawal notice and instructions on how to return the products, including the return address. The same information is promptly sent to the consumer’s email address. For this purpose, consumers can use the standard withdrawal notice attached to these general terms at their discretion and without any obligations. Customer Service immediately contacts consumers to provide information on returning the products, including the address for delivery. The confirmation of receipt of the withdrawal notice and instructions on returning the products is also timely sent to the consumer’s email address. - b) Consumers exercise the right of withdrawal from a distance contract by making a statement that can be given on the prescribed form for withdrawal from the concluded contract or in another unambiguous manner (hereinafter: withdrawal statement). The withdrawal statement produces legal effects from the day it is completed and sent to the trader. The buyer receives the withdrawal statement together with the purchased product and the invoice. 

10.3. The Seller currently offers a method of returning products through the D Express service, without any direct costs to consumers. To use this method, consumers follow the procedure provided by Customer Service. 

10.4. The returned products must be in the same condition as when the consumer received them. In any case, consumers may be held responsible for any reduction in the value of the products caused by handling them differently than necessary to determine their nature, characteristics, and working condition, or if the original packaging or any essential parts (accessories, cables, user manuals, etc.) are missing. 

10.5. In case of exercising the right of withdrawal, the Seller refunds consumers all amounts paid to the Seller, including cash payment service costs if incurred, for products returned in the same condition as received by the consumers, within a maximum of 14 (fourteen) days from the date of receipt of the delivered withdrawal notice. In any case, the Seller has the right to withhold any refund until actual receipt of the products or until consumers provide proof of product delivery, if it occurs before that, in accordance with the methods agreed with the Seller.

10.6. The Seller refunds the funds using the same payment method (transfer to a credit card, debit card) that consumers chose and used for the delivery of the order for which they exercised the right of withdrawal, unless the parties have expressly agreed otherwise, except in the case of cash payment on delivery. In this last case, to enable the Seller to refund the cash payment service costs, consumers provide their current account details for transferring the corresponding amount.

11. CONFORMITY GUARANTEE – LEGAL WARRANTY 

11.1. Products are covered by the legal conformity period, lasting two (2) years from the date of delivery, in accordance with the Consumer Code. 

11.2. In case deviations from conformity are identified in the purchased products, consumers must contact Customer Service via the toll-free number 0800 800 808 or visit the nearest IQOS service touchpoint (IQOS Boutique/IQOS Zone/IQOS Partner store) or email contact.rs@iqos.com to report the detected non-conformity and provide supporting evidence. The conditions for initiating a direct procedure for determining non-conformity apply. Consumers must perform this procedure within twenty-four months from the date of product delivery. Failure to exercise this right within this period results in the loss of the warranty. 

11.3. Customer Service performs the necessary checks to verify the validity of the warranty and the existence of any other non-conformity related to the complaint. If a deviation exists, approval is granted for the return of defective products, using methods and addresses communicated by Customer Service. It is understood that approval for the return of products does not itself constitute recognition of the non-conformity reported by the consumer. 

11.4. After verifying non-conformity, consumers have the right, at their discretion and within the limits of the Consumer Code, to restore conformity to the products through repair or replacement. 

11.5. The Seller is responsible to consumers for any deviation from conformity existing at the time of product delivery and occurring within two years from that moment. The Seller is not liable for defects resulting from normal wear and tear or improper use of the product by consumers (such as use contrary to the indications provided in the technical data sheets and user manuals).

DATA PROCESSING OF PERSONAL INFORMATION

Personal data provided by users, related to payment instruments and payment data for purchasing products from the IQOS portfolio made through the website www.iqos.com (hereinafter referred to as the “website”), as well as data necessary for product delivery and order execution, will be processed by UGS PRO d.o.o. with headquarters at Žorža Klemansoa br. 24, 11000 Belgrade (hereinafter referred to as “UGS PRO” or “owner”), as the data controller in the specified part of the process and in accordance with the Law on Personal Data Protection (hereinafter “LPDP”).

ORIGIN, PURPOSE, AND LEGAL BASIS FOR PROCESSING

Philip Morris, and in cases of online sales and payments, UGS PRO, collect personal data directly from the individuals to whom the data relate and process them in the context of registration, sales, and website navigation for the following purposes: 

a) To allow the management and processing of orders, invoicing, and delivery of products that users have ordered from the website by UGS PRO. 

b) To manage post-sales activities and possible product returns. 

The data includes, for example: 

Consumer identification data (e.g., name, surname, identification code, order ID) for order management, invoicing, and delivery.

Contact information (e.g., email, address, postal code, phone/mobile number) for delivery and/or post-sales services.

Tax number, useful for billing.

IBAN or other bank details. 

Providing personal data for purposes (a) and (b) is mandatory to complete the purchase and for any post-sales activities, to fulfill legal obligations, for legitimate interest reasons, and not providing this data prevents the sales process from being initiated. Therefore, obtaining specific consent from the individuals to whom the data relate is not necessary because the legal basis for processing is the fulfillment of contractual obligations related to service execution.

DATA PROCESSING METHODS, RETENTION PERIOD, AND SECURITY MEASURES

Personal data are processed manually and electronically, strictly in line with the above-mentioned purposes, and, in any case, to guarantee data security and confidentiality. Without questioning specific legal obligations, and in accordance with the necessity principle sanctioned by the LPDP, data are processed for a period strictly necessary to fulfill the stated purposes. Data security is guaranteed by data encryption technology called Secure Sockets Layer (SSL). SSL technology encrypts information before it is exchanged over the internet between user computers and UGS PRO’s central systems and authorized service providers, making it incomprehensible to unauthorized users and thus ensuring the confidentiality of transmitted information. Moreover, transactions made through electronic payment systems are finalized exclusively using the Payment Service Provider (PSP) platform. 

Data will be stored in accordance with the applicable personal data protection legislation for the entire period necessary to fulfill the above-mentioned purposes. The data controller may keep data after delivery to comply with regulatory and/or post-contractual obligations related to legal requirements; subsequently, if the aforementioned reasons for processing cease to exist, personal data will be deleted, destroyed, or simply kept anonymously. 

The data provider agrees and is aware that the data necessary for transaction realization will be exported and stored outside the borders of our country (including Croatia at the processor Monri d.o.o. Zagreb) in accordance with the protection measures specified in this document, in a period and form consistent with applicable legislation. 

When entering credit card data, confidential information is transmitted over a public network in a protected (encrypted) form using SSL protocol and PKI system, as the most advanced cryptographic technology currently available.

The payment card processor ensures the security of data during purchases. Information about payment cards is not accessible in our system.

SCOPE OF DISCLOSURE AND DATA TRANSFER

To achieve the aforementioned purposes, UGS PRO may disclose and process personal data of users/customers, locally or abroad, through third-party entities with whom we have a relationship. Such third parties will receive only the necessary information to provide services, adopting all measures to protect your personal data. Personal data may be disclosed to competent public agencies and authorities to comply with legal obligations or to enable the determination of liability in case of cyber crimes against the website. Additionally, data may be disclosed to third parties in the event of changes in company ownership, such as mergers or sales. Entities falling into the aforementioned categories act as separate data controllers or data processors designated as controllers. Personal data may also be disclosed to UGS PRO’s employees/consultants explicitly marked as data processors.

RIGHTS OF DATA SUBJECTS

1. Data subjects have the right to exercise rights provided by law at any time, including:

2. The right to access their personal data, obtain evidence of the processing purpose by the controller, categories of personal data involved, recipients to whom personal data will be disclosed, the valid data retention period, the existence of automated decision-making processes.

b. The right to promptly correct inaccurate personal data concerning them.

c. The right to request deletion of personal data in applicable cases.

d. The right to obtain processing restrictions and object to it, if possible.

e. The right to request data portability, receiving personal data in a commonly used electronic format readable by automated devices, including transferring such data to another controller, within the limits and subject to the obligations specified in the LPDP.

f. The right to withdraw consent, if given, without affecting the lawfulness of processing based on consent given before withdrawal. 

Data subjects can also file a complaint with the competent authority in accordance with the LPDP.

METHODS FOR EXERCISING RIGHTS OF DATA SUBJECTS

Users or customers of products paid online can exercise their rights according to applicable local legislation by sending an email or a letter via regular mail to the data controller in specific cases. Contact information for UGS PRO d.o.o.: Email address: info@ugspro.rs; Postal address: Žorža Klemansoa 24, 11000 Belgrade, Serbia. For information related to data processing on the iqos.com website, refer to the information available on the site. The data controller for personal data is UGS PRO d.o.o., represented by its pro-tempore legal representative. You can contact the owner at the UGS PRO d.o.o. headquarters, located at Žorža Klemansoa 24, 11000 Belgrade, Serbia1