IQOS TERMS AND CONDITIONS
Updated March 27, 2025
THESE TERMS AND CONDITIONS (“Terms”)
WHAT THESE TERMS COVER. These are the Terms on which we supply our products to you, whether these are goods, services or digital content.
WHY YOU SHOULD READ THEM. Please read these Terms carefully before you create an account and purchase our Products. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract between you and us, what to do if there is a problem and other important information. We recommend that you keep a copy of these Terms for your future reference. By placing an order with us either online via this Website, over the telephone with our IQOS Customer Care team or with an IQOS Expert , you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not create an account or purchase our Products.
IF YOU NEED TO CONTACT US ABOUT THESE TERMS. Before you create an account and place an order, if you have any questions relating to these Terms please contact our IQOS Customer Care team by telephone at 1-844-275-4767 – we’re available 7 days a week, 8am - 10pm. All calls to IQOS Customer Care can be made free of charge from US landlines and mobile phones. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
DEFINITIONS
The following terms shall have the meaning assigned to them below:
"Terms" means these terms and conditions together with any terms and conditions in the Product Description.
“Product" means any of our products displayed for sale on this Website.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
“Users” means the users of this Website collectively.
“Personal Information” means the details provided about you to us when you register or place an order.
“We”, “us” and “our” means Triaga Inc., 1900 Stantonsburg Road, Wilson, NC 27893
“Website/s” means this Website located at https://www.iqos.com and any subsequent URL which may replace it.
“Cookies” means small text files that our Websites place on your computer’s hard drive to store information about you and to identify your computer.
“You” means an individual customer or user of this Website.
“IQOS Care Expert” means a member of IQOS Customer Care.
“IQOS Expert” means a member of the IQOS team who works on location.
WHO WE ARE & HOW TO CONTACT US
INFORMATION ABOUT US. Who we are. We are Triaga Inc., a Delaware corporation, located at 1900 Stantonsburg Road, Wilson, NC 27893.
HOW TO CONTACT US. The best way to contact us is by using our IQOS Customer Care online chat tool on our Website. You can also contact us by telephoning our Customer Care team at 1-844-275-4767 or by emailing us at contact.us@iqos.com.
PRODUCTS
USE OF OUR PRODUCTS. We offer our products for sale as alternatives to smoking cigarettes. Our products are not risk-free. They provide nicotine, which is addictive. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 21 years old or those who do not smoke or use nicotine-containing products. You acknowledge and accept that you use our products at your own risk. For more information, please see https://www.iqos.com/us/en/imporant-information.html.
DESCRIPTION OF PRODUCTS. There may be additional Terms provided in connection to a Product . Each Product is sold and used subject to its Product Description which may set out additional terms related to that Product that are incorporated into these Terms. We will take reasonable care to ensure that all descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. Although we aim to keep the Website as up-to-date as possible, to the fullest extent permissible under applicable law, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the Product exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy. We reserve the right to cancel an order up to the point of dispatch if we have made an inadvertent error in pricing. If this happens, we’ll refund you any amounts paid.
OFFERS AND PROMOTIONS
As a 21+ adult smoker, you may receive offers or promotions from us via email or on the Website. These may be subject to specific terms, but general terms are as follows:
Special offers and promotions may be available for limited times only. Once an offer or promotion has expired, any associated code or discount is no longer valid.
Vouchers issued in a given year will be valid until the end of the same calendar year.
Vouchers shall not discount more than 90% of the total cart value.
Special offers and promotions will be typically limited to available stock and inventory.
Special offers and promotions cannot be combined, and your order may be rejected if you attempt to do so.
Some offers and promotions are for new customers only and existing IQOS customers will not be eligible.
Codes, vouchers, and coupons are not transferable or redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; or used to purchase vouchers. Unused balance are not transferable.
Promotional offers or discounts can be subject to change or cancellation at any time.
In addition, there may be specific terms that apply to offers and promotions which are stated separately. Not all special offers and promotions may be combined or used with all orders.
Specifically, regarding the “14-day Trial”, any offer, discount voucher or code will be applied at the final stage of the Trial towards the final purchase price of the device.
PLACING AN ORDER
FROM WHERE YOU CAN PLACE AN ORDER. We only sell to customers in select states of the United States. You will be informed about whether you can place an order in your state of residency when checking your zip code on the Website. Our Website is solely for the sale of our products in the United States. We do not accept orders from or deliver to addresses outside the United States.
HOW YOU CAN PLACE AN ORDER. You can place an order via the shop section of our Website or by calling IQOS Customer Care at 1-844-275-4767. We accept payment by credit or debit card, and Klarna (note that we do not accept Klarna as payment for our 14-day Trial program). We reserve the right to vary, update or change accepted payment methods at our discretion. Any such changes will be reflected in these Terms or on the Website.
Our products are not for sale or use by those under 21 years, therefore we need to verify that you are of the legal age of 21 or over before we can accept your order.
HOW WE WILL ACCEPT YOUR ORDER. Our acceptance of your order will take place when we message you to confirm that your order has been processed, at which point a contract will come into existence between you and us.
WHERE WE MAY NOT ACCEPT YOUR ORDER. We reserve the right not to accept, limit, decline or reject any orders received by us without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order (“Non-Acceptance”). Non-Acceptance maybe, but shall not be limited to, a result of one of the following:
a) The product you ordered being unavailable from stock
b) Our inability to obtain authorization for your payment and/or suspected fraud, or an order placed with automated ordering software or technology
c) Your address, billing information or form of payment is incorrect or cannot be verified
d) The identification of a pricing or product description error
e) Our inability to deliver to your specified delivery address
f) Your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax
g) You not meeting the eligibility criteria set out in these Terms, including us suspecting that you are not over the age of 21 or our inability to verify your age and identity
We will determine whether any of the above events have occurred at our sole discretion.
We may decline orders of over $500 (including multiple orders adding up to that amount over a short period) and we may limit the number of products per customer purchase.
PRICES AND CURRENCY. The product prices displayed on the Website do not include sales tax. Shipping rates are applied per order.
Prices are quoted and exclusively payable in US dollars.
Prices may change from time to time, but such changes will not affect any order for which we have issued in an order confirmation.
YOUR TOTAL PRICE. The total price specified in the final checkout screen on the Website includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the order confirmation for Website orders, which we recommend you print or download for future reference. IQOS Experts purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference.
If you pay for your order with an international card other than in US dollars, your bank or credit card issuer will apply the exchange rate and any fees according to the terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.
DELIVERY
DELIVERY DURATION. Subject to us verifying that you are 21 or over and once we have accepted your order, we offer you free delivery service. We offer same-day delivery in select areas, Monday - Saturday, pending driver availability, for all orders placed before 4:30pm. There are no deliveries on Sunday. For orders placed after 4:30pm and locations outside our immediate shipping area, next-day delivery is offered with the exception of Sundays.
Exclusions may include public holidays, and circumstances outside our control. We work with our partners to meet these delivery expectations, but we cannot guarantee delivery timeframes. For example, if you live far from a distribution center, or there are other factors like weather, your delivery times may vary.
DELIVERY RESTRICTIONS. We require a person over the age of 21 to present a valid government-issued ID such as but not limited to Driver’s License, Passport, and sign for the delivery. Without this age verification, we cannot complete the delivery and you will be refunded. Our customer service team will contact you to create a new order if delivery is not possible. Delivery timings may change. If your order is delayed, we’ll keep you updated with a new estimated time of arrival. If delivery is delayed by more than 7 working days, you may contact us to cancel the order and we will refund you any money paid subject to these Terms.
TITLE TRANSFER & RISK OF LOSS. Title and risk of loss for products purchased from IQOS pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online will pass to you upon your authorized receipt of those products. In case you participate in 14-day trial program, title to product(s) will not transfer until payment has been received.
60-DAY MONEY-BACK GUARANTEE
We offer a 60-day money-back guarantee for IQOS devices and IQOS accessories purchased with IQOS Experts, the Website or via IQOS Customer Care.
HOW DO I QUALIFY FOR THE 60 DAY MONEY BACK GUARANTEE? We accept returns within 60 days of the purchase date, provided the Product is in good condition, preferably in its original packaging or securely packaged for safe return shipment. Do not ship the IQOS device to us if you see these signs: bloated or burst/broken case, heat development while not in use, melted or deformed parts, sparks or jets of flame have erupted, there was a short circuit, etc., in which case call our Customer Care team. The condition of the IQOS device upon return may affect eligibility for a refund. We may make a deduction from the reimbursement for loss in value of any products supplied if the loss is the result of you failing to take reasonable care of them.
WHAT’S INCLUDED? The guarantee applies to IQOS devices and IQOS accessories purchased in the United States of America. HEETS cannot be returned and refunded. You will not be entitled to a refund for HEETS even if unopened and unused.
HOW DOES THE GUARANTEE WORK? If you would like a refund under the 60-day money-back guarantee you can either visit the Website or contact the IQOS Customer Care team. When returning through our Website, submit a return request online, accessible from your online account, in your order history section.
RETURN SHIPPING. Please make sure you package the products up securely, using the original packaging if possible. You should keep proof of postage. You do not need to pay for return shipping. We will provide you with a QR code for your return, which can be found in the ‘Return Orders’ section on the website under your account. You are responsible for downloading the QR code and presenting it at a UPS store location for processing. While we strive for accuracy, we do not guarantee the accuracy of the QR code information. It is the sender’s responsibility to ensure correctness. QR codes may have an expiration date, and it is the sender’s responsibility to use the code before the expiration date to ensure validity.
REFUND. Once we receive the products, we will reimburse you the amount in relation to the products that have been returned. Refunds will be sent to you to the original payment method you used. If your original payment method is no longer available, contact IQOS Customer Care for further assistance. While our IQOS Care Experts will make every effort to assist you, be aware that there may be instances where such requests cannot be fulfilled. Please allow up to 14 days once we have received your return in our warehouse for the refund to be processed. If you haven’t received the refund, first check with your payment card provider used for your purchase as it may take some time before the refund is processed by your card provider. If you have completed all these steps and still have not received your refund, please contact our IQOS Customer Care.
PRODUCTS PURCHASED FROM A THIRD PARTY. If you have purchased an IQOS product from a third-party, please contact your original point of sale to check if you are entitled to a refund under the third party’s return policy.
14-DAY TRIAL
The 14-day trial is offered only in selected States, IQOS Experts and IQOS Care Experts can provide information about the availability of the 14-day trial in your State.
ELIGIBILITY. To be eligible to participate in this program, you must be over the age of 21, you must be a current smoker or use nicotine products and have a registered account. Existing consumers of IQOS Originals who have their device registered with us cannot participate in 14-day trial. Eligible customers can participate in this program for a maximum of two times.
STARTING YOUR TRIAL. When you place a 14-day trial order with us, you will be charged for your trial kit which includes 5 packs of HEETS and an IQOS ORIGINALS device.
PAYMENT AND DELIVERY
To participate in the 14-day trial, you must provide payment card details to pay for the trial. These card details will be encrypted, stored, and processed by our PCI-certified payment providers IXOPAY and Bank of America. Our payment providers handle all data encrypted (SSL - secure sockets layer) and your payment data is not accessible to us or any unauthorized external parties. Your 14-day trial begins the day your order is delivered. Should you decide to keep the IQOS device after the trial, we will only use these payment details to capture a successful payment for the device.
Subject to us verifying that you are 21 or over and if your order is placed before 7:00pm, we will ship the trial products the same day or next-day delivery (depending on your location, some parcels may take longer subject to the Delivery section in these Terms). Delivery delays may occur due to public holidays or conditions outside of our control, such as inclement weather. Additionally, we do not offer shipping on Sundays. You will receive an email confirmation once your order has been dispatched and tracking information via SMS and email from one of our trusted third-party fulfillment partners.
SUPPORT DURING TRIAL. As part of the 14-day trial, one of our IQOS Care Experts or IQOS Experts will contact you at various points during your trial either via email, SMS, in-person coaches or telephone to provide you with the support you need to get started and throughout the 14-day trial. You may opt out of receiving any future messages from us by following the unsubscribe link provided in each email, by replying ‘STOP’ via SMS or by updating your communications preferences in your account.
END OF TRIAL (KEEPING THE DEVICE). At the end of your trial, you can decide to keep your IQOS device and you will be charged the remaining amount. If you wish to keep your IQOS device before the end of the 14-day trial you can access “my order” page on iqos.com and click on “KEEP IT”. You can also inform one of our IQOS Care Experts via our customer care phone number or live chat and they will charge the card that you used to pay for your trial. Should you inform us that you wish to keep your device we will use the original payment details to process the amount for the IQOS Device stated when you began the trial. Payment for the IQOS Device will be processed in one transaction. Your details can only be used once for payment of an IQOS device.
END OF TRIAL (RETURN). How to return if you decided not to keep the IQOS ORIGINALS device at the end of your trial:
Before you initiate a return, please keep in mind that you cannot return any HEETS with your device at the end of your trial. The HEETS and initial payment are non-refundable.
Step 1: Contact an IQOS Care Expert via phone (1-844-275-4767) or via live chat on the Website. If we do not hear from you by the end of the last day of your trial, we will charge your card the final payment.
Step 2: Return all items included in your IQOS Originals device as part of the trial kit: Pocket charger, IQOS Holder, Charger plug, Charger cable and IQOS box. We reserve the right to charge the full price of an IQOS device on your card on file if you do not maintain proper care of the IQOS device during your trial. Should payment for your IQOS device fail for whatever reason we will make up to four (4) attempts to capture this payment from you. After that, we may contact you to obtain an alternative payment method.
Step 3: If you do not return your IQOS device within 10 days of your notification, we will charge your card the residual amount for the IQOS device.
TRIAL EXTENSION At the end of the 14-day trial, if you are still undecided on whether to keep or return the device, you can decide to extend the trial for another 14-day at no additional cost. You can do so by accessing “my order” page on iqos.com and click on “EXTEND IT” or by contacting Customer Care. After this period of time the same rules apply as for the original trial period. You can only extend the 14-day trial once.
Only when interacting with IQOS Experts and in Retail stores, consumers can opt for lending one device and 10 HEETS packs. The rest of the 14-day trial conditions remain unchanged.
REFER A FRIEND* PROGRAM
Refer a Friend program is offered only in selected States, IQOS Experts and IQOS Care Experts can provide information about the availability of this program in your State.
‘Referrer’ – a 21-year-old or over consumer of IQOS who is registered in the IQOS database as a customer with an IQOS device linked who has referred another 21-year-old or over smoker or user of other nicotine products to IQOS.
*Referee’ (‘Referred Friend’) – the 21-year-old or over smoker or user of other nicotine products who has received a referral code from the Referrer and who has completed registration with IQOS by using the code received from a Referrer (“Successful Referral”).
ELIGIBILITY. The following are list of criteria to be eligible for the program:
a) all Referrers and Referee must be age verified as at least 21 years old, and be smokers or user of other nicotine products;
b) both a Referrer and a Referee must reside in the states where IQOS is available for purchase;
c) Referrer must be an existing registered IQOS customer with an IQOS device registered to their account with IQOS;
d) Referee must be a first-time IQOS purchaser;
e) Referee must apply the referral code on the first order of IQOS;
f) Referee registration is considered successful when the Referred Friend has provided correct and complete information, has been age verified and created a valid account with IQOS; and
g) Referee must purchase the IQOS Starter Kit or IQOS device standalone directly from IQOS either through our IQOS Customer Care, the Website, or one of our IQOS Experts.
HOW IT WORKS. Here are the steps you need to perform to refer a friend:
Step 1. The Referrer must ensure they have asked for their Friend’s permission before sharing with them their unique referral code.
Step 2: Referral codes can be shared via email, SMS and other means of personal one-to-one communication. Referral codes are individual and must not be published on social media or other large-scale sharing platforms.
Step 3: The Referrer can make unlimited referrals but will only be rewarded for the first 10 Successful Referrals subject to these Terms. Only the first 20 Referred Friends will receive a discount each year.
Step 4: When a Referee purchases an IQOS device, registers as a new customer with IQOS and uses the Referrer’s unique referral code, they will be eligible for a discount on the value of the order, provided such order includes IQOS Originals device as a minimum and that they are among the Referee's first 20 Referred Friends of the year.
Step 5: The Referrer will receive a credit to use on the Website, and with IQOS Experts via SMS or email typically within 10 working days after a Successful Referral.
LIMITATIONS. The Referrer can apply the credit only once on any cart on the Website, or when purchasing from one of our IQOS Experts and IQOS Care Experts. The final total amount after applying the referral code or using the credits shall not be lower than 10% of the total cart value. Only one code can be used per transaction and credits will expire at the end of the calendar year in which the voucher was issued. If the product purchased by the Referrer using the credit to use on the Website is subsequently returned to us, the Referrer will be refunded for any spend on top of the credit. The voucher or any residual amount will not be returned to the Referrer.
CHANGES AND CANCELLATION. We reserve the right to replace the credit with an alternative reward from time to time and in such a case we will adequately communicate it to you. Where we do decide to offer an alternative reward, the issuing of that reward will depend upon the eligibility requirements communicated by email to those selected customers at the time. If you then continue to participate in the program, it will mean you accept the updated Terms. We reserve the right to refuse the issue of any referral code to a Referrer or the use of a Referrer’s code by a Referred Friend at any time if we reasonably believe that the Referrer or Referred Friend is abusing this program or is otherwise in breach of these Terms and Conditions. We reserve the right to amend or terminate the Refer a Friend program at any time without notice. Any changes to the program or new terms and conditions will be available on the Website.
LIMITED WARRANTY AND ACCIDENTAL DAMAGE COVERAGE
REPLACING A FAULTY IQOS DEVICE UNDER LIMITED WARRANTY OR ACCIDENTAL DAMAGE COVERAGE. If you believe your IQOS ORIGINALS device (“Device”) is faulty, you can benefit from our self-service diagnostic tools and services. You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with the associated Quick Start Guide and Safety Warnings and Instructions to the best of your ability. However, to help protect your device from issues ranging from defects to accidentally dropping it, we have the Limited Warranty and Accidental Damage Coverage.
DURATION. Both Limited Warranty and Accidental Damage Coverage last 12 months starting from when you bought your IQOS ORIGINALS device (Pocket Charger and Holder (referred to as the “Product”) in the United States of America.
ELIGIBILITY. To qualify for Limited Warranty or Accidental Damage Coverage, you must be a legal age adult (21+) when you purchased the Device and you present your proof of purchase. A valid proof of purchase is a mandatory requirement to start a claim and identify the coverage period (Devices purchased outside of the US do not qualify).
WHAT ARE THE MAIN DIFFERENCES? The Limited Warranty covers material or workmanship defects in your device. The Accidental Damage Coverage gives you the opportunity to replace your Holder and Pocket Charger twice for just about any reason (subject to exclusions listed below). We retain the right to exercise caution and discretion in providing the Accidental Damage Coverage.
WHEN LIMITED WARRANTY APPLIED. When your Device is defective in terms of material or workmanship when used in accordance with the associated Quick Start Guide and Safety Warnings and Instructions.
WHEN ACCIDENTAL DAMAGE COVERAGE APPLIED. When your Device suffers accidental damage that affects the functionality of your Device which is not caused by a defective material or workmanship. You can claim up to two replacements of Holder and two replacements of Pocket Charger under Accidental Damage Coverage for each registered Device (Holder and Pocket Charger) with a valid proof of purchase.
REPLACEMENT. If fixing the issue is not possible, a replacement will be provided for a Product or respective component of equivalent functionality. You will be provided with a replacement Device of the same type equivalent to a new Device. If only part of the Device is damaged e.g., the holder or the charger, then only the damaged part may be replaced. To the extent permitted by local law, the replacement color and/or model are subject to such color and/or model availability.
WHAT IS EXCLUDED FROM LIMITED WARRANTY. The following are excluded from the terms of this warranty:
a) uninterrupted and error-free functionality of the Product.
b) malfunction and/or damage caused by normal wear and tear or otherwise due to the aging of this Product.
c) cosmetic damages (such as scratches, dents, broken plastic, etc.) that do not impact the functionality of the Product.
d) damage caused to the Product by misuse, power surge, improper handling, liquid contact or fire.
e) malfunction due to use with non-compatible products, manufactured either by Philip Morris International or third-party manufacturers.
f) damage or malfunction caused by attempt to open, modify (including modifications to the firmware) and repair, either by a user or by a service provider not accredited by the manufacturer.
g) damage or malfunction caused by failure to use as described in the associated Quick Start Guide or in contravention of the firmware license agreement.
h) product battery performance degradation. Batteries are consumable parts and their performance degradation and use over time is not a manufacturing or a workmanship defect and is excluded from this warranty**.
i) Product containing fully or partially non-genuine parts.
j) Product for which serial numbers have been removed or altered.
k) any malfunctions caused by the firmware of the Product, including where your Product is not using the latest version of the firmware, unless these malfunctions have occurred due to a defect in materials or workmanship.
l) “Incidental” or “Consequential” damages, subject to the disclaimer found below.
**For more information about battery performance or available features for your Product, please visit iqos.com.
WHAT IS EXCLUDED FROM ACCIDENTAL DAMAGE COVERAGE.
The following are excluded from Accidental Damage Coverage:
- Devices with a serial number that has been altered, defaced or removed;
- The loss or theft of your Device;
- Cosmetic damage to your Device which does not affect the functionality of the Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;
- Damage or failure caused by normal wear and tear and/or usage of the Device;
- Malfunction due to use with non-compatible product;
- Failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately by IQOS Limited Warranty.
HOW TO MAKE A CLAIM FOR LIMITED WARRANTY OR ACCIDENTAL DAMAGE COVERAGE. Here are the steps you need to perform:
Step 1: Before making a claim, please access and review the associated Quick Start Guide and Safety Warnings and Instructions, and quick self-service support available on the Website. This could help solve the issue quicker. You must not claim issues on products that are not supported by Limited Warranty or Accidental Damage Coverage replacement, including HEETS. You must not send us these items; they will not be returned back to you, and they will be destroyed with no refund.
Step 2. Report your claim by using our self-service diagnostic tool online, by contacting IQOS Customer Care as soon as possible.
Step 3. Prepare (1) the serial number for the affected Device; (2) a description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem. You must provide proof of purchase for your Device.
Step 4. Registration of your Product serial number and date of purchase on Website is recommended for faster service, without presenting proof of purchase. If you choose not to register your Product, please ensure you have your proof of purchase before making a warranty claim. The warranty claim may be refused if the proof of purchase is not available, has been altered or is illegible.
Step 5. We will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways: Follow the troubleshooting procedures indicated by the IQOS Care Expert, to identify the issue with the Product and potential solution. Should you not wish to facilitate identifying the issue with your Product, we may not be able to provide a remedy under this Limited Warranty or Accidental Damage Coverage. If the troubleshooting procedures do not solve the issue with the Product and such Product is covered by Limited Warranty or Accidental Damage Coverage, a replacement of the Product or its component/accessory will be shipped to you.
Step 6. Delivery. A replacement Device or any component thereof (Holder or Pocket Charger) will be sent to you in accordance with the Delivery section of these Terms.
OTHER TERMS. Where an exchange takes place, then any replacement of the defective component becomes your property, and the replaced component is no longer eligible for replacement. The replacement component of the Product or the Product may not be new, but it will be in good working condition and at least functionally equivalent to the original Product. The replacement of the defective Product or component shall be warranted for the balance of the 12-month period remaining on the original Product.
ADDITIONAL LEGAL RIGHTS FOR CONSUMERS. The Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an Implied Warranty lasts/the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
OTHER SERVICES AND PROGRAMS
IQOS CUSTOMER CARE. An IQOS Care Expert is available to provide you with personalized support to help you get the best IQOS experience. The IQOS Care Expert can get in touch with you via SMS or phone and can also be available on the phone, online chat, video chat, social channels (Facebook) or email to support you.
IQOS CUSTOMER CARE “NO ONE LIKES LONG WAITS” OFFER. You will be eligible for a voucher for free pizza or an available alternative if you waited more than one minute after the welcome message when calling our Customer Care team at 1-844-275-4767. You must be an Adult Consumer over 21 years old, registered and age-verified with IQOS. You can participate in the offer not more than once a week. Restrictions may apply. Be mindful of the expiration date. Once you are connected and an IQOS Care Expert confirms the estimated phone wait time, you will receive an email with a one-time use voucher within 7 days. May not be combined with other offers. Additional terms may be provided on the voucher or communicated separately to you.
GUIDED TRIAL
Guided Trial is offered only in selected States, IQOS Experts and IQOS Care Experts can provide information about the availability of this program in your State.
To participate in a guided trial of IQOS Originals and HEETS, you must be a legal-age (at least 21 years old) smoker or user of nicotine-containing products who would otherwise continue to smoke or use such products.
You can participate in a guided trial with an IQOS Expert by purchasing HEETS***. Typically, you will be offered to purchase the following:
Two packs of any two different and available flavors of HEETS for a pre-defined amount. Only 2 packs can be purchased through this transaction. You will be able to leverage this offer up to two times.
We reserve the right to vary, update or change the offer and any associated details, including the prices, at our discretion without any prior notice to you.
***You may be required to pay the cost of a coupon administered by us in order to participate in guided trials. You will need to pay sales tax where applicable. Coupons may not be assigned, transferred or reproduced. One-time use only. Coupons cannot be combined with any other offers or discounts and must be presented at the time of payment. Cash redemption value 1/20 of 0.01 cent. More information can be found on the back side of each coupon. Such information will prevail in case of discrepancies with these Terms.
SMS TERMS
a) If you provided your phone number when creating an account with IQOS, then we may send service notifications to you via text message (“SMS”), including messages to verify your identity. We may also send you service notifications such as order status, purchase verification and important product information.
b) You must expressly opt in to receive promotional SMS messages. If you opt in to receive promotional SMS messages from us, you agree to receive promotions and industry news from us and our affiliates.
c) Data or messaging rates may be charged by your wireless carrier when receiving service notifications via SMS. Contact your wireless provider for questions about applicable rates.
d) Frequency of SMS messages will vary.
e) Receiving SMS messages is not required for purchase.
f) You may opt out of receiving SMS messages at any time by replying ‘STOP’. You will receive an SMS confirmation of your opt-out.
g) You agree you are at least 21 years of age. If you are not at least 21, you must opt-out of receiving SMS messages.
h) You agree to contact us via customer support if you change your wireless number.
i) Carriers are not responsible for delayed or undelivered messages.
i) Data obtained from you in SMS messages may include your wireless number, your wireless carrier, the date, time and content of your messages and other information you provide to us. If you have questions regarding our privacy practices, please read our Privacy Notice.
j) We may cancel SMS messaging at any time with or without notice.
k) We may change these SMS Terms at any time, effective upon posting on this website. You agree to periodically review these Terms, and your continued consent to receive SMS messages indicates the acceptance of any changes in these SMS Terms.
GENERAL TERMS
PERSONAL INFORMATION. How we look after your information. On the Websites, and when you place an order over the telephone or on the Website, we may ask to collect certain Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections and a password (“Personal Information”). Credit cards and other payments are handled by a third party; we don’t retain payment information. Information required for age verification purposes is handled by a third party and we don’t retain documents if provided. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). For more information on what we do with your Personal Information, please read our Privacy Policy. Our obligation to disclose your information. You should be aware that if we are requested by law enforcement or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled to do so. Accuracy of your information. You warrant that the Personal Information that you provide to us on the Websites is true, accurate, current and complete in all respects. You should notify us promptly of any changes to your Personal Information by updating your details whilst logged in to our Websites or by contacting our IQOS Customer Care team. We are committed to upholding both its legal and social obligations as a retailer of tobacco products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when the order is placed and/or validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. In accepting these Terms, you agree to provide us with truthful and accurate information.
COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIABILITY. We use reasonable endeavors to verify the accuracy of any information we place on the Website. However, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from the course of dealing, usage or trade. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms. Once products have been delivered, we accept no responsibility in the event of theft or misuse of the products. It is your responsibility to ensure that the products are used by people aged 21 or over. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of any order you place and any related payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Websites. We shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for pure economic loss or any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your use of the Services. We shall not be liable for any of the losses described in this paragraph even if you have informed us of the possibility of such losses. Nothing in this paragraph excludes any liability that cannot be excluded by applicable law.
INDEMNIFICATION AND RELEASE. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Triaga Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees arising from or relating to your conduct in connection with the Products, the Website, IQOS Experts and IQOS Customer Care Agents, other IQOS customers, the information you provide to us or any violation of these Terms, any law or the rights of any third party (“Claims”). You, for yourself and on behalf of your heirs, estate, insurers, successors or assigns, hereby fully and forever release and discharge us from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Claims, or any violation of these Terms, any law or the rights of any third party.
SEVERANCE. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
WAIVER. No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these Terms.
SURVIVAL. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT. These Terms govern our relationship with you. We will communicate any substantive changes to these Terms to you so that you have the opportunity to review the changes. Your statutory rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
LAW AND JURISDICTION. These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States of America. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, City, County and State of New York, United States of America for disputes arising from or related to these Terms. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or (including but not limited to the purchase of the Products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in in the Borough of Manhattan, City, County and State of New York, United States of America. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY. We may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
IQOS TEASER AND SIGN UP CAMPAIGN ("Campaign") TERMS AND CONDITIONS ("Terms")
DEFINITIONS
The following terms shall have the meaning assigned to them below:
"Terms" means these terms and conditions together with any terms and conditions in the Product Description.
“Product" means any of our products displayed on this Website.
“Personal Information” means the details provided by you to us when you register or place an order.
“We”, “us” and “our” means Triaga Inc., 1900 Stantonsburg Road, Wilson, NC 27893
“Website/s” means this Website located at https://www.iqos.com.
“Cookies” means small text files that our Websites place on your computer’s hard drive to store information about you and to identify your computer.
“You” means an individual customer or user of this Website.
“IQOS Care Expert” means a member of IQOS Customer Care.
“IQOS Expert” means a member of the IQOS team who works in IQOS stores and remote locations.
“IQOS Lounge” refers to a temporary retail space that can only be accessed by individuals who are 21 years of age or older and those who smoke or use other nicotine-containing products residing in the U.S., entry requires age verification.
TEASER AND PRE-ANNOUNCEMENT TERMS.
The following terms apply to any pre-announcements, teasers, or other pre-sale communications ("Teaser") regarding products or services that will be made available for sale in the future: All information provided during the Teaser phase is for informational purposes only and does not constitute an offer to sell or a binding commitment by us. The details, pricing, availability, and specifications of the teased products or services are subject to change at our sole discretion until the official sale is launched. Please read these Terms carefully before participating in the Campaign. By participating in this Campaign, you agree to be bound by these Terms. If you do not agree to these Terms, please do not participate in the Campaign.
ELIGIBILITY. The Campaign is open to individuals who are 21 years of age or older and those who smoke or use nicotine-containing products residing in the U.S.
WHY YOU SHOULD READ THEM. By signing up to receive updates from us either online via this Website, over the telephone with our IQOS Customer Care team or with an IQOS Expert, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not create an account. We recommend that you keep a copy of these Terms for your future reference.
MODIFICATION AND TERMINATION. Triaga Inc. (“we”, “us”) reserves the right to modify, suspend, or terminate the Campaign at any time for any reason, including without limitation, if the Campaign is not capable of running as planned due to any technical, operational, or other causes beyond our control.
UPDATE OF TERMS AND CONDITIONS. These Terms and Conditions are subject to updates and modifications. Once the sale of the teased products or services is officially launched, these Terms and Conditions will be updated accordingly. By continuing to use our services or purchasing our products after the updated Terms and Conditions are posted, you agree to be bound by the revised terms.
IF YOU NEED TO CONTACT US ABOUT THESE TERMS. Before you create an account, if you have any questions relating to these Terms please contact our IQOS Customer Care team by telephone at 1-844-275-4767 – we’re available 7 days a week, 9am – 6pm ET/CT. All calls to IQOS Customer Care can be made free of charge from US landlines and mobiles. You may still incur airtime or roaming fees depending on your mobile phone plan. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
WHO WE ARE & HOW TO CONTACT US
INFORMATION ABOUT US. Who we are. We are Triaga Inc., a Delaware corporation, located at 1900 Stantonsburg Road, Wilson, NC 27893.
HOW TO CONTACT US. The best way to contact us is by using our IQOS Customer Care online chat tool on our Website. You can also contact us by telephoning our Customer Care team at 1-844-275-4767 or by emailing us at contact.us@iqos.com.
PRODUCTS
USE OF OUR PRODUCTS. Once the Product is available, we will offer our Products for sale as alternatives to continued smoking cigarettes. Our products are not risk-free and provide nicotine which is addictive. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 21 years old or those who do not smoke or use other nicotine-containing products. You acknowledge and accept that you use our products at your own risk. For more information, please see important information.
TEASER CAMPAIGN
The Teaser campaign refers to the promotional activities we conduct for the upcoming Product launch. Details of the product, including features, specifications, and availability, may not be available during this campaign and will be provided when the Product is available in your location. Participation in the Teaser campaign does not guarantee availability in your location, access to or reservation of the product upon launch.
SIGN-UP FOR UPDATES
By signing up to receive updates, you agree to provide accurate and current information.
We reserve the right to send emails or SMS (subject to the SMS terms provided in these Terms) and other communications regarding the product launch, promotional offers, news related to events that may impact IQOS and access to the product, and related information to the provided email address and mobile number. You may unsubscribe from these updates at any time by following the instructions in the emails or contacting IQOS Customer Care.
SHARE INVITE TO SIGN-UP
The link to our landing page is intended for sharing with individuals who are 21 years of age or older and those who do smoke cigarettes or use other nicotine-containing products and solely on a 1-to-1 basis. It is your responsibility to ensure that sharing the link to our Website is in compliance with all applicable laws and regulations. It is prohibited to share the invite or other information resulting from and related to the Teaser campaign on social media or other 1-to-many digital platforms. By sharing the link, you confirm that you have verified the recipients age and have ensured that sharing the link is permissible. You agree to indemnify and hold us harmless from any claims, damages, or expenses that arise from your failure to comply with this requirement.
IQOS LOUNGE
We may utilize the temporarily retail space in certain cities to allow individuals who are 21 years of age or older and those who smoke or use nicotine-containing products residing in the U.S. ad to view details and images of our upcoming product. Visitors may have the opportunity to sign-up to a list to receive updates for the upcoming launch. The information provided in the IQOS Lounge is for information purposes only and does not constitute an offer to sell or a solicitation to buy the Product.
BOOK AN APPOINMENT
You must be a 21 years of age or older adult and must be a cigarette smoker or user of other nicotine-containing products to book an appointment with one of our IQOS Experts. Appointments can be booked directly through our IQOS experts only. You are responsible for providing accurate information during the booking process. Any changes to your contact information or other relevant information should be communicated to us promptly. You may reschedule your appointment up to 24 hours before the scheduled time. Rescheduling is subject to availability. If you arrive more than 15 min late for your appointment, we may need to reschedule or cancel your appointment.
SOCIAL MEDIA
By following our official social media accounts, you may receive updates, news, promotions. You agree to interact with our social media accounts in a respectful and appropriate manner. You may not post or share content that is unlawful, defamatory, offensive, infringing, discriminatory, or otherwise objectionable or inappropriate. We reserve the right to modify or discontinue the availability of any content posted on our social media accounts at any time without notice. You are responsible for any content you post or share on our social media accounts, and we reserve the right to remove any content that violates these Terms or our policies.
EVENTS
This agreement sets out the terms and conditions that apply to my attendance at and/or my involvement in (“Participation”, and “Participate” shall be interpreted accordingly) an event (the “Event”) organized by Triaga Inc. (“PM”).
In consideration for being permitted to Participate in the Event, I agree as follows:
Attendance and registration
1. I declare that I am aged 21 or over and I am a consumer of cigarettes or smoke-free products [IQOS, ZYN, VEEV, etc.]. I understand that if I am not aged 21 or over and/or if I am not a consumer of such tobacco products or smoke-free alternatives then I am not permitted to register for or Participate in the Event.
2. I acknowledge that I will be permitted to bring one other person (a “Guest”) to the Event, provided that such Guest is aged 21 or over. I acknowledge if such Guest is not aged 21 or over they will not be allowed to attend the Event.
3. I acknowledge that, in order to be permitted to Participate in the Event, I must accept the Terms and then confirm my attendance for the date that will be communicated to me through the initial invitation.
4. I acknowledge that Guest will also be required to register certain of his/her personal details, for the purpose of verify 21+ legal age and identity, prior to attending the Event and I will inform the Guest accordingly.
Publicity release
5. I agree that PM and its affiliates (i.e. any entity which controls, is controlled by or is under common control with PM) shall have:
5.1 full, unfettered rights to: (i) refer to me and to use my name, image, likeness, voice and biographical information in respect of all communication and publicity material made in connection with the Event; and (ii) record and film my Participation at or in connection with the Event (whether by audio or audio-visual means or howsoever) and take photographs of my Participation at or in connection with the Event, and in each case use such footage in respect of any communication and publicity material made in connection with the Event, (the material referred to in (i) and (ii) above shall collectively be referred to as the “Material”);
5.2 the exclusive rights to use the Material [(only in connection with the Event)] in any and all manner and media throughout the world in perpetuity without being liable to me for any type of payment or compensation, and I agree that the Material shall at all times remain PM’s sole property and that I will have no right, title or interest in or to it, or any part thereof, or in respect of any proceeds from it. This includes use in all media (including internet and social media, where it is permitted by law), any venues where our events are held, during other PM partnered events, etc. PM may use the Material based on my consent and agreement as set out in these Terms. In relation to processing of my personal data (as described in Term 6), it shall be for the performance of this contract set out in these Terms. PM may share the Material with other PM affiliates worldwide for them to use for the same purposes.
5.3 the right to make alterations and edits to the Material as they deem appropriate, including without limitation the right to use any of the Material in whole or in part or in composite or distorted character or form, where such treatment is not a derogatory treatment or distortion of the Material. Such alterations and edits to the Material shall be only in relation to the Event.
6. I undertake that I shall not use any Materials, pictures or any items provided to me in connection with the Event, other than for private non-commercial purposes and for the purpose for which they were provided to me.
7. I irrevocably and unconditionally waive, to the fullest extent permitted by law, all moral rights (and their equivalent in any jurisdiction of the world to which I may be entitled under any law now or in the future in force) in respect of the inclusion, alteration and/or exploitation of any of the Material.
Data protection and privacy notice
8. To the extent permitted under applicable data protection laws, PM and/or its affiliates and suppliers, may store, or have stored, on databases of personal data, including but not limited to the Material (including as it may be altered or edited), participant’s birth date, contact details, this agreement and any other document relating to my Participation in the Event. This data will be stored and processed only for the purpose of the Participation in the Event, using the Material, keeping a record of the correct implementation of the Event, and being able to contact participants in the future in relation to the Event. The processing of the participant’s personal data will take place for the purposes and by the methods indicated above, including the communication of the data to the persons mentioned (i.e. PM and the Contractors) and/or the transfer of the personal data to other persons and entities connected to the Event, including to countries whose law does not provide equivalent levels of protection of personal data to those in participant’s country, provided that PM uses appropriate safeguards and ensures that the personal data is protected by technical and organizational measures designed to keep it secure and to protect it from unauthorized processing. The PMI Consumer Privacy Notice
Conduct at the Event
9. I agree to comply with the appropriate conduct, and terms and conditions (if applicable) of the venues at which the Event will be held. I further agree to comply with any and all instructions given from time to time by the staff of the venues or of PM, and with rules and notices given or displayed at such venue and other health and safety matters and security matters. I further agree to conduct myself in accordance with the applicable local laws and in a manner that is not offensive, threatening, abusive, indecent, defamatory or obscene, whether or not such behavior would arise out of the consumption of any alcohol provided at the Event.
10. I acknowledge and agree that PM reserves the right to exclude or remove me and/or my Guest from the Event where my and/or my Guest’s behavior falls below the standards set out in these terms and conditions.
Release of liability
11. In consideration for being permitted to Participate in the Event, I hereby waive and forever discharge, for myself, my heirs, assigns, next of kin, executors, administrators and legal representatives, any and all rights and/or claims which I (or they) have, may have, or which may hereafter accrue to me (or them) against PM and its Affiliates, partners and contractors (“Exempted Parties”), and hereby release and forever discharge Exempted Parties from any liability whatsoever which they have or may have towards myself, my heirs, assigns, next of kin, executors, administrators and legal representatives, for any and all losses, damages, injuries (including death) and/or claims which may be sustained by me directly or indirectly arising out of my Participation in the Event (including the application of emergency or medical services at the Event), no matter how any such losses, damages, injuries (including death) and/or claims are caused even if they are caused by the fault of the Exempted Parties, or those acting on their behalf.
12. I agree and acknowledge that PM has no responsibility or liability to me or my Guest (if any) arising from the Event’s cancellation, postponement or change of format and that PM cannot guarantee that the Event proceeds as advertised. I further agree that PM has no responsibility or liability to me or my Guest (if any) in relation to other attendees and their guests at the Event.
Risks associated with Participation and assumption of the risks
13. I acknowledge and understand that my Participation in the Event is at my own risk and I agree voluntarily to Participate in the Event and fully accept and assume (for myself, my representatives, heirs, assigns and next of kin) full liability for every such risk (foreseeable or otherwise), including for any and all risks of loss of personal property (including but not limited to the personal property that I may place in the cloakroom), damage and/or injury (including death and any damage and/or injury that may be caused due to any food allergy, strobe and/or flash lighting), whether caused by the fault of the Exempted Parties in connection with the Event or by another cause, as well as all and every responsibility, both in civil and criminal judgment.
IQOS CUSTOMER CARE
An IQOS Care Expert is available to provide you with support. The IQOS Care Expert can get in touch with you via SMS or phone and can also be available on the phone, online chat, video chat, our official social media channels (Facebook and Instagram) or email to support you.
SMS TERMS
a) If you provided your phone number when creating an account with IQOS, then we may send service notifications to you via text message (“SMS”), including messages to verify your identity. We may also send you service notifications such as order status, purchase verification and important product information. Even if you opt-out of service notifications, by making a subsequent product purchase or updating your profile, you will automatically be enrolled to receive service notifications until you opt-out again.
b) You must expressly opt in to receive promotional SMS messages. If you opt in to receive promotional SMS messages from us, you agree to receive promotions and industry news from us and our affiliates.
c) Data or messaging rates may be charged by your wireless carrier when receiving service notifications via SMS. Contact your wireless provider for questions about applicable rates.
d) Frequency of SMS messages will vary.
e) Receiving SMS messages is not required for purchase.
f) You may opt out of receiving SMS messages at any time by replying ‘STOP’. You will receive an SMS confirmation of your opt-out.
g) You agree you are at least 21 years of age. If you are not at least 21, you must opt-out of receiving SMS messages.
h) You agree to contact us via customer support if you change your wireless number.
i) Carriers are not responsible for delayed or undelivered messages.
j) Data obtained from you in SMS messages may include your wireless number, your wireless carrier, the date, time and content of your messages and other information you provide to us. If you have questions regarding our privacy practices, please read our Privacy Notice
k) We may cancel SMS messaging at any time with or without notice.
l) We may change these SMS Terms at any time, effective upon posting on this website.
m) You agree to periodically review these Terms, and your continued consent to receive SMS messages indicates the acceptance of any changes in these SMS Terms.
GENERAL TERMS
PERSONAL INFORMATION. How we look after your information. On the Websites we may ask to collect certain Personal Information from you such as your name, e-mail address, telephone number, product selections and a password (“Personal Information”). Information required for age and identity verification purposes is handled by a third party and we don’t retain documents if provided. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). For more information on what we do with your Personal Information, please read our Privacy Policy.
OUR OBLIGATION TO DISCLOSE YOUR INFORMATION. You should be aware that if we are requested by law enforcement or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled to do so.
ACCURACY OF YOUR INFORMATION. You warrant that the Personal Information that you provide to us on the Websites is true, accurate, current and complete in all respects. You should notify us promptly of any changes to your Personal Information by updating your details while logged on to our Websites or by contacting our IQOS Customer Care team. We are committed to upholding both the legal and social obligations as a retailer of tobacco products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when the order is placed and/or validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. In accepting these Terms, you agree to provide us with truthful and accurate information.
COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIABILITY. We use reasonable endeavors to verify the accuracy of any information we place on the Website. However, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from the course of dealing, usage or trade. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms. Once products have been delivered, we accept no responsibility in the event of theft or misuse of the products. It is your responsibility to ensure that the products are used by persons aged 21 or over. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of any order you place and any related payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Websites. We shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for pure economic loss or any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your use of the Services. We shall not be liable for any of the losses described in this paragraph even if you have informed us of the possibility of such losses. Nothing in this paragraph excludes any liability that cannot be excluded by applicable law.
INDEMNIFICATION AND RELEASE. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Triaga Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees arising from or relating to your conduct in connection with the Products, IQOS stores, the Website, IQOS Experts and IQOS Customer Care Agents, other IQOS customers, the information you provide to us or any violation of these Terms, any law or the rights of any third party (“Claims”). You, for yourself and on behalf of your heirs, estate, insurers, successors or assigns, hereby fully and forever release and discharge us from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Claims, or any violation of these Terms, any law or the rights of any third party.
SEVERANCE. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
WAIVER. No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these Terms.
SURVIVAL. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT. These Terms govern our relationship with you. We will communicate any substantive changes to these Terms to you so that you have the opportunity to review the changes. Your statutory rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
LAW AND JURISDICTION. These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States of America. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, City, County and State of New York, United States of America for disputes arising from or related to these Terms. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to IQOS Stores (including but not limited to the purchase of the Products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in in the Borough of Manhattan, City, County and State of New York, United States of America. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY. We may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
