GENERAL TERMS AND CONDITIONS
1. Our company
2. Who, in general, are our services and programs intended for?
In general, all the abilities, services, programs and procedures referred to herein and provided by Papastratos are addressed exclusively to persons who cumulatively meet the following conditions:
i) they are natural persons, over 18 years old (age that must already be in any of your contact with our company and its products)
(ii) they are smokers and/or users of other tobacco products, new tobacco products, e-cigarettes or nicotine products in general, or related products, as determined by the relevant laws at any given time
iii) they reside or are staying in Greece; and
iv) have full legal capacity (hereinafter referred to as "you" or the "User" or "the Consumer").
These terms are divided into three Sections:
PART A. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
Α. Terms and conditions for registration in the Adult Consumer Database
3.1. General description of registration in the Database
3.1.1. . Papastratos produces, represents and distributes on the Greek market, among other things, heat-not-burn tobacco products, i.e. tobacco products that do not involve combustion, including new tobacco products consisting of electronic devices bearing the IQOS brand name or the names of third party beneficiaries contracted with Papastratos, and heated tobacco sticks, electronic cigarettes, and refill containers, as well as other related products, add-ons and accessories (hereinafter referred to as the ‘Product’ or the ‘Products’). When you show interest in being informed about our Products or when you purchase a Product in an IQOS physical store, or in the IQOS online store, or in a physical or electronic store belonging to third parties affiliated with Papastratos that carry the Products, or when you participate in other Company Programs related to the purchase of Products (such as the Free Trial Program) you can register in the Papastratos Adult Consumer Database and obtain an Adult Consumer Card (hereinafter the ‘Adult Consumer Card’ or ‘the Card’) so you can receive the service, communications and privileges provided by Company and so you can purchase Products remotely (e.g. through the e-shop or by telephone) and participate in the Company’s special Programs, if you wish to do so (all the above, provided that you also meet the other criteria as specified at times and on a case-by-case basis).
3.1.2. You may register in the Papastratos Database in one of the following ways:
i) You may register through a partner:
- at an IQOS store
- Registration through a third party associate of Papastratos (in person or remotely)
- Registration through a call centre or on the recommendation of an associate tobacco product retailer
3.1.3. To register in the Database and obtain and maintain a Card you must meet the requirements of Article 2.1. above. It is expressly noted that our Company relies in principle on your SOLEMN DECLARATION that you are an adult and on you meeting the other criteria of Article 2.1. for your registration in our Database and the personalized individual communication with you (if you give consent thereto). We note, however, that full use of the facilities offered by registering for the Card, as well as activating your participation in Company individual programs (such as, without limitation, IQOS TOGETHER, MGM, Club etc), even if you have registered therein, presupposes (and is subject to) confirmation of your age by Papastratos and/or its associates under the procedures applicable at times.
3.2.1 Why should I register with the Adult Consumer Base of Papastratos (on a case-by-case basis and if you meet the relevant requirements)?
1. So that you can make online and remote purchases of Products from Papastratos distribution channels;
2. So that you can declare your consent to receive personalized individual communication, if you wish
3. So that you can be identified as an adult Consumer who meets the criteria of 2.1. above (after your age has been confirmed or you have solemnly declared that you are an adult) by our sales distribution channels, after-sales service partners and the programs of the Company in which you wish to participate and which require the prior confirmation of your identity.
4. So that you can receive the commercial guarantee corresponding to the Product you have purchased throughout the guarantee period, without needing to provide proof of purchase (provided you register your device based on the Product you are purchasing)
5. So that you can take advantage of the ‘On Boarding’ Customer Service Consultant Program’, provided you meet the requirements of Article 6.2. below;
6. So that we can provide you with general after-sales customer care services, based on your Card information, when you contact us (e.g. in stores, at the call centre, via the Website, through our Company’s the social media accounts or by any other means from you to us, on your own initiative). Your card information indicates your order history, status of registered devices, contact details and personal information.
3.2.2. It is expressly noted that in order to undertake commercial communications with personalized individual contact with you, you will be asked to give separate free consent to receive commercial communications (which you can grant or revoke at any time individually). Any other communications we may initiate with you in this context are exclusively for emergency or force majeure purposes only (for example, security reasons, identity checks, change of person for the purpose of device registration, changes to these Terms or other terms in programs you have registered for, etc.), operational/procedural purposes or for the performance of a contract or terms of the company's programs and/or in the context of after-sales services provided at your request (e.g. in the context of service warranties, etc.) and do not constitute (nor do they intend to constitute) any form of commercial communication. You may also participate in the CLUB or in our other programs separately, by registering with them, provided you observe the terms and conditions that apply to each one of them as appropriate.
3.3. What do I need to do to ensure that I register properly?
When you register with the Papastratos Database in any way, you must:
3.3.1. Declare accurate and correct information, keep such information accurate and up-to-date throughout your relationship with us, and refrain from any culpable alteration or modification thereof or provision of non-updated or untrue information, as well as sincerely and solemnly declare that you are an adult and must complete the registration process by activating the OTP message you will receive on the mobile device you have indicated (which is also an authentication of your mobile device for access to your Account). Also alternatively (only if you register through the website iqos.gr) by clicking double opt-in on the e-mail you will receive to complete your registration. It is noted, that if your registration in the Database is done through a partner, the confirmation of the email address is optional (it suffices for activation that you confirm the mobile device through the OTP that has preceded it, subject to the procedure set out under Article 4.2.1. below).
Without this activation, your registration process shall not be completed. In particular, if you declare your details for your registration at any of our partners you should check with them that your information is entered correctly. The above information uniquely identifies you in your relation to the Company.
3.3.2. In case of any subsequent changes in any details or of loss of the device you have registered or its transfer to another adult smoker, you must notify Papastratos at firstname.lastname@example.org or at the Website using the ‘Support’ field or directly by telephone on 800 111 4767 (free of charge from a landline) or 210 4193888 (charges depend on telecommunications providers). Papastratos is not responsible for any action or any error or problem created due to the submission of incorrect, inaccurate or untrue data or in the case of incorrect or untimely notification of the above.
3.3.4. The data requested as mandatory for your registration are those necessary, relevant and appropriate in order for Papastratos to be able to identify you whenever required by its procedures in the context of compliance with its legal obligations to ensure that you are over 18 years old. More information on the processing of your data can be found in the PMI Group General Data Privacy and Protection Terms and Conditions
3.3.5 You may only have one Card in our Database. Any attempt to have duplicate accounts, to register twice or to register a person using altered/false information/other accounts (same name, surname, delivery/billing address, phone number) may result in deletion of previous accounts opened after the original account, and if these actions are repeated, Papastratos may deactivate the consumer’s initial registration. In addition, any attempted fraud detected within and in connection with active promotions on the iqos.gr Website shall lead to the exclusion of the user committing the fraud or attempted fraud in question in relation to any discount or prize.
4. Creating an Account with iqos.gr
4.1. How to create your account with iqos.gr
4.1.1. By registering in our Database for opening an Adult Consumer Card, you also acquire a personal Account which you can access through our iqos.gr Website, and which contains the personal information that you declared when you registered in our Database.
4.1.2. In order for your access to your Account to be activated, the process under 3.3.1 above must have been completed in order to complete your registration in our Database.
4.1.3. Your personal Account is used for the following purposes:
- Accessing and managing some of your personal information and information contained in your account
- Making purchases from the gr.iqos.com e-shop and enabling you to monitor your participation in the company's commercial programs.
- Registering and keeping track of your Devices, for example in connection with commercial guarantee coverage
4.1.4. In any case, you also need to activate your registration in our Database pursuant to Article 3.3.1 to make purchases via the e-shop or by phone, also in order to facilitate the verification of your age at the time of delivery of the Products. The same applies to your participation in other Programs of the Company.
4.2. What are the conditions for correct maintenance of my Account at iqos.gr?
Your Account is accessible to you under the following terms and conditions.
In particular, regarding the proper access and maintenance of your Account:
4.2.1. Every time you wish to connect to your Account you must either a) follow the OTP procedure using the mobile device you have indicated or b) log in using the e-mail address you have indicated. In order to log in using your e-mail address, you must, however, have previously completed the double opt-in process, as well as have created a secret password based on the applicable security rules of Papastratos for the creation of passwords that will be notified to you at that time. After following the above procedure a) or b) you will gain access to your personal Account and you will be uniquely identified with regard to any actions or omissions made through your Account.
4.2.2. You should keep the OTP you have received (until you stop using it) or the password always secret and secure. With regards the password in particular, you are solely responsible for protecting your password and keeping it secret. For this reason, we would ask you to change your secret password at regular intervals. You should also completely avoid giving your password to third parties, in order to prevent any unauthorised access or use of your personal Account and the features provided through it (and in particular, but not exclusively, to any minors). You must inform Papastratos immediately if you have reason to believe that (a) your secret password could or may have been disclosed to a third party or (b) there is a risk that your password may be used without your permission.
4.2.3. You also bear full and exclusive liability for any action (act or omission) carried out through your Account. Papastratos disclaims any liability for damages (including against third parties) arising from the use of your Account due to unauthorised access to or use of your account, unless you have previously informed Papastratos in a timely and appropriate manner, by email to email@example.com, or through the Website by using the ‘Support’ field, or by telephone at 800 111 4767 (free of charge from a landline) or 210 4193888 (charges depend on the telecommunications provider). It is emphasised that any action taken through your account prior to notification of Papastratos in accordance with the above, will be treated as an action on your part.
4.2.4. You can at any time amend specific details in relation to your personal data which is stored in your personal Account, under the ‘My IQOS ™’section of the iqos.gr Website. Part of such data that identify you to Papastratos can only be changed in accordance with the procedure set out under Article 3.3.2. above.
5.1. You may log out of your iqos.gr Account at any time. It is noted that upon such disconnection you will not be deleted altogether from the Papastratos Database and from the other programs of the Company that you may have registered to, and that you will only lose the ability to log in and access your Account and you will not be able to make purchases from the iqos.gr e-shop. You can log out of your Account by clicking on the special "Disconnect" button or by calling our call center at 800 111 4767 (charge free of charge from a landline) / 210 4193888 (charge depending on the telecommunications provider).
5.2. You can also request the complete deletion of your personal information from the Papastratos Database by submitting a request for deletion at any time you choose, in order to permanently delete your Account at iqos. gr, as well as to end your participation in all Company’s programs and in the Company’s Database as set out under Article 5.6. below.
5.3. Deletion from individual programs of the Company that you may have registered with does not imply deletion of your Account at iqos.gr and/or from the Papastratos Database (your Card and your Account in the e-shop shall be kept until you request their deletion as indicated in paragraph 5.1 or5.2 above, as applicable in each case).
5.5. In any case, you shall also be automatically deleted from our Database, based on the procedures observed by PMI in the following cases: a) if you have never purchased any of our Products and there is no purchase by you and/or interaction with us (from any channel or medium ) within a period of 12 months from your registration in our Database or b) if you have purchased a Product, and there has been no interaction with us (by any channel or medium) for a period of more than 36 months from the purchase of the Product. With each interaction or purchase, the above timeframes are renewed on a case-by-case basis.
5.6. If you wish your data to be deleted immediately and fully from the Database, you must give a respective notice by email to firstname.lastname@example.org or by telephone at 800 111 4767 (free of charge from a landline) or 210 4193888 (charges depend on the telecommunications provider) by submitting a request for deletion as set out under paragraph 5. 2. In any case of your full deletion from the Database, your data shall be deleted (by anonymization and/or any other technically equivalent measure) and without prejudice to any of your data kept for the fulfillment of legal obligations of the company.
5.7. Papastratos reserves the right to refuse to register you in our Database and create an Account and/or to delete your Account and/or your Card entirely from our Database at any time, for any reasonable reason or cause. In particular, (but not exclusively) the Company is entitled to proceed with any of the above for any material reason, indicatively including but not restricted to the following: if there are indications of bad faith, illegal or non-contractual use of the Account, submission of untrue or false information and/or declaration of adult age, as well as any non-compliance with these terms. In this case details of the User are kept as provided for in paragraph 5.4 above, to ensure that the same User cannot register another account.
6. In particular, for the privileges of Registration in our Database and Device Registration (on a case-by case basis and provided you meet the relevant requirements)
6.1. Device Registration - Commercial Guarantee during the estimated duration (without the need to provide evidence)
6.1.1. After completing your registration in our Database and purchasing a Product you may then register your device (depending on the Product you have purchased) in order to be able to monitor the warranty period and ensure you continue meet the conditions, without having to provide proof of purchase of the device to be serviced (in order to prove date of purchase and confirm that you are still within the warranty period).
6.1.2. The services you receive shall always be based on the terms of the commercial warranty contained in the Product packaging (for new tobacco product devices or electronic cigarettes) that you have purchased.
6.1.3. Each time you make use of the warranty the event is recorded in our Database and your Account, so that your service history is readily available and your entitlement under the warranty can be easily established every time.
6.1.4. If you do not register your device, you do not of course lose your rights under the terms of the commercial guarantees that accompany your device. However, you will have to provide proof of purchase each time to confirm that your device is still covered by warranty (otherwise, since the date of purchase, the length of the warranty period, and warranty expiry date cannot be ascertained, you will not be entitled to receive services under warranty).
6.1.5. It is stressed that in order to receive the above, the personal information with which you register your device must be identical to the personal data you submitted during your registration in our Database. If you give your device as a gift to a third person adult smoker, then the device should be registered in the details of that third person. We reserve the right to request information that evidences the above, as well as to take action in cooperation with you to register the device to the third party who has the device in their possession.
6.1.6. None of the above restricts or invalidates your rights under legal guarantees pursuant to the Civil Code, as applicable at any given time.
6.1.7. The deregistration of your device from your Account, if you so wish, shall be performed with the aid of our company or our partner after making a call at our call center 800 111 4767 (free of charge from a landline) / 210 4193888 (charge depending on the telecommunications provider) – it is noted that by deregistering the device you shall lose the privileges specified hereunder (without prejudice to Article 6.1.4. which of course shall remain applicable).
6.2. Onboarding Program
6.2.1. After your registration in our Database, if you have registered a device and provided that you meet the following criteria: you have verified your age and given your consent to commercial communications from Papastratos, you shall be entitled to participate in the specially-designed customer service and support Program, which shall be available after purchase or use of a new device from our Company’s range of Products. This Program is part of the general after-sales customer services that our Company offers, as our Products are new state-of-the-art technology devices with increased safety and correct use requirements; extra service and support shall be necessary to ensure smooth transition while getting used to using the Products in question. The continuation or modification of its operating terms and conditions or the termination of this program is at the sole discretion of the Company.
6.2.2. This program was created especially for those who have purchased a Product from our Company that includes an electronic device (new tobacco product or electronic cigarette) for the first time, to meet your after-sales needs, support the product’s proper and safe use, or service needs or its adjustment in general as a state-of-the-art technology product. A specialised personal consultant will contact you within the first few days after purchasing your first device from our Product range, using the contact details you have submitted, in order to offer you information and resolve any questions you may have regarding the safe and correct use of the product that you have purchased, as well as to give you advice on good maintenance, cleaning and charging methods, and to resolve any issues related to your experience while using the product.
6.2.3. This Program will be activated if it is established when you register that it is your first device from our Product range, that you have purchased or are using it through a Papastratos Program, and that you have given your consent to commercial communications. The program will also be available for the next device you register if the device in question is another version of the Product that has significant differences from your previous devices.
6.2.4. If you do not wish to continue with the above program you may state this to our partner or contact the Company as indicated in Article 1 of these Terms. The interruption of communications for the specific Program does not imply your deletion altogether from the Database or other programs in which you participate (unless you explicitly request deletion from them). The interruption of communications under this Program, does however imply interruption of all communications from Papastratos.
6.3. General after-sales service (Customer Care) based on your Card
Once you register in our Database and purchasing any Product, we will provide you with after-sales service based on the information contained on your Card, when you contact us (e.g. in store, via the call centre, the Website, the social media accounts of our Company or by other means, on your own initiative on your part to us) to request our assistance, or have questions or other issues related to Products that you have bought. In this context, our Company will suggest solutions to your problems, give you advice on the correct and safe use of products based on your questions, and will generally provide you with whatever service may be required based on your needs.
6.4. IQOS TOGETHER Program
If you register an IQOS or IQOS VeeV or Lil Solid device and your age has been confirmed, you will have the opportunity to participate in Programs such as IQOS CLUB or in combination with the terms of IQOS CLUB for point collection and redemption (such as indicatively the IQOS TOGETHER Program and any other programs provided from time to time by the Company).
More specifically, for IQOS TOGETHER, the following are noted:
i) An adult smoker who has an Adult Consumer Card in our Database and meets the following conditions can participate in the IQOS TOGETHER Program: they have at least one IQOS or IQOS VeeV or Lil Solid Device registered in their Account and have accepted the terms of the IQOS CLUB or they are an active IQOS CLUB Member – whichever happened first (in order to be properly updated on how to receive and redeem points). If you meet the above requirements, we will give you the opportunity to inform an adult smoker friend that they can, if they so wish, be updated about Papastratos Products (hereinafter the "Update") either a) by a partner by telephone communication with the partner at the telephone number that your friend will indicate to you or b) by visiting an IQOS retail point (physical or electronic) (jointly referred to hereinafter as the "Program") under the procedures detailed in the terms of the Program. Your friend must be an adult smoker, and must not have previously registered/possessed a Card on our Company's Database and must have given consent to you to be informed in accordance with the above, which you cumulatively guarantee to us upon your participation in the Program in any way (see relevant terms and conditions accepted by your friend).
ii) The steps specified during the use of a) the special Application, if you are a Member of the IQOS CLUB, b) by our Partner, c) through the Website iqos.gr or d) by using your mobile device as a MOBILE CODE as described in more detail in the terms of the Program, may be used to complete the process of informing a friend by telephone from our Partner or through a store. The relevant deadlines must also be adhered to, as well as the numerical limit imposed each time for each period.
iv) By selecting options a-c) of point (ii) above to participate in the Program, you will be informed about the terms of the Program and confirm your acceptance, particularly when using these options. Your participation in the use of IQOS / Mobile Code implies that you are aware of the Program's terms, which are included in this notice and are accessible via a link set out in this article, as well as in the Program's public posts, and which you are reasonably expected to have considered before receiving your friend's consent for the use of IQOS / MOBILE CODE, and in any case and at the time of your notification about the use of the IQOS/MOBILE CODE by your friend.
**Explicit Note: The reference to privileges and programs in Article 6 above is merely indicative. In any case, if you are interested in participating in any of Papastratos' Programs, you will be invited to learn more about the specific terms of each program, which will govern and determine your relationship with our Company for each of these Programs at any time.
Β. General Terms and Conditions of Website Use
7. Description of Our Website
7.1. The iqos.gr Website is a point of sale for the Company's Products. If you do decide to enter the site, you do so on your own initiative after you submit a solemn declaration stating that you are an adult (over the age of 18). The Website belongs to Papastratos which manages it in its entirety, but the sale of the Products may be carried out either by Papastratos itself or by Sellers in accordance with the General Terms and Conditions of Sale of Products through the e-shop or by telephone, as applicable. More specifically, sales may be made through cooperating companies that are third-party resellers of Papastratos or its agents, who may sell the Products marketed by Papastratos in Greece (hereinafter the ‘Sellers’), as defined in the General Terms and Conditions for Electronic Purchase of Products as applicable at times.
7.2. It is noted that if you intent to make a purchase through iqos.gr or by telephone, it is essential that you create a personal account so that Papastratos and the cooperating Sellers can meet their legal obligations with regard to taking appropriate safeguards and measures as far as possible for the purpose of demonstrating compliance with applicable law, ethical practices, and our internal policies that are intended to prohibit the sale of tobacco products to minors. Thus, the creation of your account at the Website is necessary to further ensure compliance with the legal age limit of eighteen (18) years (which must be confirmed at the time of delivery of the Product to you). The creation of an Account also means than your residence within Greek territory is verified.
8. Website Features
8.1. Purchase of IQOS products, add-ons, and accessories: Through the Website you are given the opportunity, if you wish, to visit the e-shop to purchase Products. To this end, it is absolutely essential that the creation of an Account shall have taken place prior to purchase, in accordance with the specific provisions of Article 7.2 above. Electronic sales of the Products through the e-shop or by telephone are carried out in accordance with the Terms and Conditions for Sale of Products through the e-shop or by telephone, of which you will be made aware and shall have accepted before the completion of your purchase.
It should be noted that Papastratos is not a contracting party to the Product sales agreements between each respective Seller and the buyers of Products purchased through the e-shop. It therefore bears no liability for the fulfilment of their contractual obligations, or for any other issue that may arise as a result of or occasioned by the purchase of a Product through the e-shop.
8.2. Nearest store locator The Website also provides you with an automated tool that you can use to find the nearest physical store selling our Products. This tool is made available to you exclusively for your convenience, and the results it produces depend entirely on the information entered by you at the given time. Papastratos bears no responsibility in relation to the results exported with the use of the automated tool, nor for any inaccuracy or deviation the results in relation to actual distances.
8.3. Information section on the Company's Products: Papastratos provides varied content information on the Products and their operation in general via informative articles, photos, and videos that are available at its Website as a tobacco product sales point. Such information is provided so that you may receive essential product information, as well as to provide the minimum information that must be made available to adult tobacco product consumers, without being a suggestion or encouragement to purchase tobacco products. In all cases, the respective posts are made within the Website, which is a legal point of sale for tobacco products.
9. Terms and conditions of access and use of the Website
9.1. In principle, you will gain access to the Website only if you declare responsibly that you are over 18 years of age. You may only make purchases through the e-shop if you create an Account, as indicated above.
9.2. The Website is also exclusively aimed at users residing or staying in Greece. Access to the Website is prohibited for devices and IP addresses that are not within the Greek territory.
9.4. We ask you not to post or share the content of the Website publicly or individually with third parties. Any posting by any user of content from this Website to any other third party website shall not automatically enable access to the content of this Website. Access to it is possible only if the conditions of Article 9.1 above are cumulatively met. Accordingly, in order for any third party to gain access to the Website, even if they access it through a specific link published by a user on any website, they must first declare that they are over 18 years of age. The User must take all reasonable steps to prevent posts appearing on websites addressed to minors.
9.5. It is expressly forbidden to approach any minor in relation to tobacco products in order to inform or encourage them to use this Website or our Products.
9.6. You must abstain from any use of the Website in an unlawful, offensive, or obscene manner, in contravention of these Terms and Conditions. Use of the Website is granted only if you act in a fair and lawful manner, and refrain from any action that causes or may cause damage to the reputation of Papastratos or its undesirable exploitation. In addition, creating links that imply any kind of relationship with Papastratos or approval or support from Papastratos when such relationship does not exist is strictly prohibited. The Website may not be placed in a frame on any other website and it is prohibited to create a link to any part of this Website other than the home page under any circumstances. Papastratos reserves the right to withdraw permission for the creation of links without justification, without liability for compensation, and without prior warning.
10. Intellectual Property, Software, Content and Trademarks
10.1. The intellectual property rights over the software as well as the content and the trademarks shown on the Website belong either to Papastratos, or to its associated companies, or companies of the Philip Morris Group, or to other lawful beneficiaries, and are protected by the applicable laws on intellectual property rights. Users and any other third parties do not have and do not acquire any permission or consent to use the trademarks of Papastratos, or trademarks belonging to companies of the Philip Morris Group in any manner, without the special written permission of Papastratos.
10.2. The appearance and display of Website content may not be taken as transfer and/or concession of permission and/or a right to use said content. You may save, print, and display available content for personal use only. Users and any third parties are prohibited from publishing, handling, distributing, copying in whole or in part, transferring, processing, storing, republishing, modifying or otherwise reproduce, in any form, any part of the content or copies of the content displayed on this Website. In the event of unauthorised use, the permission conceded by Papastratos authorising access to the Website shall automatically and immediately cease to apply.
10.3. You are prohibited from using frames or frame techniques in order to frame any trademark, logo, or other proprietary information (including images, text, page layout, or format) of the Papastratos Website and its associated companies, or the companies of the Philip Morris Group, without its written consent. The User is not allowed to use any ‘meta-tags’ or any other ‘hidden text’ based on trade names or trademarks of Papastratos or its associated companies, or companies of the Philip Morris Group, without its written consent.
C. General terms and conditions governing all of the above (A and B)
11. Special term
11.1 It is expressly pointed out that our Company does not provide any kind of advice or guidance on health issues, for which your doctor is solely responsible, whom you should contact directly and whose advice you should follow. If in the course your communication with us, you voluntarily and of your own initiative raise any health issue, our Company is only obliged to record the incident (completely anonymously) and report it to the competent authorities, as provided for by law.
11.2. Our heat-not-burn Products are intended for adult consumers who register as smokers and who would otherwise continue to smoke or use nicotine Products and they do not constitute an alternative to quit smoking, nor are they designed to be an aid for giving up. They are not harmless, they contain nicotine which is addictive. Further information about the risk is available on the website iqos.gr. In any case, your registration in our Database (and participation in any Program of our Company) is based on the recognition and acceptance by you of the above, as the result of a personal and informed choice, as an adult consumer.
12. Limitation of Liability of Papastratos
12.1. You enter and navigate the Website as well as register with our Adult Consumer Base on your own initiative and at your own risk, fully aware that you are visiting a point of sale for tobacco products having provided your solemn declaration that you are over 18 years old and a smoker.
12.2. Your connection to the Website is conducted through technical means and via the providers of your choice. Papastratos shall provide no guarantees of the following: (i) the proper operation of the websites and/or applications; (ii) rights of access and use; (iii) the full, accurate, and updated nature of the contents, the information, or the data available on the websites; (iv) the absence of any defects or errors in the content and/or the operation of the Website and/or the applications; (v) the absence of viruses or other malicious software; and (vi) the absence of certain attributes that might be expected in relation to the Website and the other applications, or their content. Therefore, Papastratos wishes to inform you that the entire content of the Website, and the Product information (which can be purchased by the User only through the e-shop) are provided ‘as is’, without any requirements or other guarantees as to their truthfulness, accuracy, or suitability for the use or the purpose for which the Products sold are intended.
12.3. Papastratos takes any reasonable measures to prevent unauthorised access to the Website, i.e. by persons not meeting the requirements set out in Article 2 above. For this purpose, among other things, access to the Website is automatically deactivated after 30 minutes without any further action on your part (so that the Website does not remain open for viewing). However, you must also take all possible precautions to avoid use of the Website by unauthorised persons, such as, for example, avoiding making use of the website in the presence of such persons (e.g. minors, vulnerable groups in relation to tobacco Products, etc.) or leaving the website open with or without your supervision in front of such persons.
12.5. This Website contains hyperlinks (links) to other websites, which are not connected with Papastratos, and whose content is not controlled by the latter (the ‘Linked Websites’). Accordingly, Papastratos cannot guarantee the correctness, legality, completeness, updating, truth, accuracy or quality of the content posted on the Linked Websites and is not responsible for it or for any loss or damage that may be caused by or due to its use either because of or on the occasion of Product sales through it. Papastratos in no way endorses or accepts or approves the content or services of the Linked Websites, to which users are referred via hyperlinks.
13. Other Terms
Papastratos reserves its rights, indicatively, and not exclusively, to the following:
13.2. to renew or upgrade part of or the entire content of the Website;
13.3. renew or upgrade part of or the entire interface, organisational structure, or configuration of the Website, as well as its technical specifications, and
13.4. limit access to the whole Website or part thereof. Papastratos also reserves the right, without justification and without prior notice to website users, to cancel, suspend (permanently or temporarily), or to terminate operation of the Website at any time.
14. Applicable law and jurisdiction
15. Final provisions
15.2. Should any term be deemed abusive or is cancelled, this shall not affect the remaining terms, which shall continue to apply and remain binding on the parties. In any case, to the extent that this is feasible, a single term/sub-term or part thereof may be treated individually, in order for the remainder to be rendered valid and the term shall be construed accordingly. Otherwise, you agree that the term must be corrected and shall be construed in a manner that most approximates to the original meaning of the term/sub-term, in accordance with the law.
15.3. Any delay by the parties in exercising some or all of the rights stemming from these Terms shall not result in the weakening or waiver of such rights, which may be exercised at any time at a later stage, at the discretion of their holders.
15.4. The headings contained in these Terms and Conditions are used for reference purposes only, and shall not affect the meaning or interpretation thereof.
Last updated November 2022
PART B. TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS VIA THE iqos.gr E-SHOP AND/OR VIA TELEPHONE ORDERS
1. Overview of purchases via the iqos.gr e-shop or by phone
1.1. Remote purchasing of smokeless tobacco products, i.e., heat-not-burn tobacco products, meaning, tobacco products are used without being burnt, such as new tobacco products consisting of electronic devices bearing the trade name IQOS or third party names of beneficiaries contracted with Papastratos and heated tobacco sticks, e-cigarettes and refill containers, single-use e-cigarettes and other related products as well as additions and accessories ('Products') made available on the Greek market by the company under the name 'PAPASTRATOS SOLE PROPRIETORSHIP SOCIETE ANONYME CIGARETTE COMPANY' and the distinctive title 'PAPASTRATOS SOLE PROPRIETORSHIP S.A.", located ar Imeros Topos St., Kororemi Location, with registration number GEMI 227601000, VAT No. 094011481, Tax Office of Athens, telephone no. 210 4193000, fax no. 210 4112303, e-mail address email@example.com (hereinafter referred to as "Papastratos", or the "Company"), is carried out through the iqos.gr website (hereinafter referred to as the "e-shop") which is accessible through the Company's iqos.gr website (hereinafter referred to as "iqos.gr" or "Website") or by phone through the call centre phone lines 800 111 4767 (free of charge from a landline) / 210 4193888 (charge depending on the communication provider) | opening hours of the IQOS call centres daily 09:00 - 21:00 (hereinafter referred to as the "Call Centre"). The Website and the Call Centre will be hereinafter collectively referred to as “Remote Sales Channels”.
1.2. Papastratos is fully and exclusively responsible for determining the mode of operation and the content of the Remote Sales Channels as well as the terms and process for the submission by consumers of their orders, the execution of these orders and the delivery of the Products.
1.3. The sale of the Products is carried out either by Papastratos itself or by its third party partners on behalf of Papastratos (hereinafter the "Sellers"). The Sellers act as agents-indirect representatives of Papastratos, contracting with the final consumer on behalf of Papastratos. Consumers who wish to purchase Products through the Remote Sales Channels place their orders on these Remote Sales Channels in accordance with the provisions hereof. On completion of the submission of the order, Papastratos will send the relevant confirmation via e-mail to the consumer, informing him/her at the same time of the details of the Seller, who proceeds with the sale and delivery of the Products on behalf of Papastratos, and who also collects the purchase fee, and who will execute the sale according to the terms of this Agreement and issue the relevant retail receipt (hereafter Papastratos and the Sellers are referred to as "We"). Each Seller is basically designated on the basis of the geographical area they serve and/or other criteria relating to logistics (e.g. stock) and/or aimed at facilitating faster and more effective Consumer service.
1.4. It should be noted that access to and browsing on the e-shop, making purchases through it or by telephone, and the information, content (including videos), update, as well as the overall features and functions on the Remote Sales Channels, are addressed to individuals who meet the following cumulative requirements:
i. they are natural persons, over 18 years of age, and have full legal capacity (such age must have already been completed at the time of accessing the Website and performing any action relating to it)
ii. they are smokers and/or users of other tobacco products, new tobacco products, e-cigarettes or nicotine products in general, or related products, as determined by the relevant laws at any given time
iii. they reside or are staying in Greece (hereinafter referred to as the (“Consumers”).
1.5. Purchases from the Remote Sales Channels are also governed by these General Terms and Conditions for Sale of Products through the e-shop iqos.gr or through telephone orders (hereinafter the "Terms of Sale"), which you acknowledge and accept before completing your purchase. It should be noted that each time a Consumer makes a purchase from the e-shop or a telephone order, a separate special purchase and sale contract will be drawn up, which will be governed by the more specific terms of the purchase and sale based on the Terms and Conditions in force (at the time of the purchase and sale).
1.6. For any problem arising in connection with the order of a product through the e-shop or a telephone order, the Consumer may contact our Call Centre.
1.7. Important Legal Notice: The Products listed above in Article 1.1 are sold through the Remote Sales Channels and telephone orders. The Website is exclusively addressed to individuals who meet the requirements of Article 1.4., and its sole purpose is to inform Consumers about the Products and the option of making remote purchases of Products at the Consumer’s initiative, and it is not a recommendation or incitement to purchase a Product. Papastratos adopts reasonable measures, to the extent possible, to avoid selling Products to minors (including but not limited to requiring a statement of adulthood to enter the site or at the onset of a telephone conversation, creating an account, checking age upon delivery and other reasonable measures, as the case may be). Consumers access the Website and use the Remote Sales Channels of Papastratos at their own initiative and responsibility, fully acknowledging and understanding the health risks of using tobacco and nicotine products. We reserve the right to deny access to the Website, and to refuse sale and/or delivery of Products to any person if we have any reasonable indication or evidence that such person violates the above terms and/or refuses to cooperate with confirming the above.
1.8. Only persons who state that they are adults upon entering the Website and/or while contacting the Call Centre, and have created an account based on Article 2 hereunder, may make their purchases through the Remote Sales Channels. However, in any case, conclusion of a sale and purchase contract and delivery of the Products are conditional upon checking and verifying adulthood upon delivery, based on the special term of Articles 3.2. and 7.9. below.
1.9. With regard to the Products, it should be clarified that:
- Consumables: We define the heated tobacco sticks (in tobacco products) and the liquid refill containers (in e-cigarettes) used by customers using the corresponding electronic devices as Consumables;
- Accessories: We define all the peripherals of the Device that accompany it and facilitate its use (cleaners / cables / lids / cases / individual parts of the Device sold separately -holder-charger) as Accessories;
- Device or Devices: We define the electronic devices that customers use when using Consumables as Devices.
- Single-use e-Cigarette: We define the electronic cigarette which is sold as a Device together with the Consumable (refill container) – which are inseparably mixed with one another – both of which are to be consumed according to the use defined in the Product specifications;
- Kit or Mobility Kit: We define the offer package that includes the complete set of with the Device or the Devices sold "complete" with or without the Consumables (according to the respective offer) as Kit or Mobility Kit.
- As a Type of Consumable: We define a group of Consumables that accompany and are used exclusively with a certain category of Devices;
- As Device Category: We define the groups of Devices that correspond either to the category of heated tobacco devices or the vaping category.
2. Creation of Account
2.2. You may change certain details of your Account and enter different details while making your purchases (e.g. delivery or invoicing address). However, YOU MUST NOT CHANGE YOUR IDENTIFICATION INFORMATION (name and date of birth) as it will be impossible for the identification process to verify your age at the time of delivery of the Product as mentioned in article 3.2 below.
3. Conduct of transactions on the e-shop or by telephone
3.1. 3.1. The Products posted on the e-shop are available for sale to Consumers on the e-shop or by telephone. Those sales are exclusively addressed to adult consumers (B2C). It is clarified that for remote contracts, a consumer is a natural person who is acting for reasons that do not fall within the scope of his or her commercial, business, craft or professional activity.
3.2. Special term of sale: In order for any Consumer to make a purchase from the e-shop or by telephone, they must cumulatively meet the requirements set forth in Article 1.4. above. Users who have not reached legal age (18) are prohibited from carrying out any action on the Website or the e-shop, or making telephone orders. Papastratos and each Seller on its behalf reserves their right not to execute their contractual obligations vis-à-vis the Consumer/buyer if the data stated (identification and adulthood) are not verified upon first delivery of the Product or any subsequent order is not received by an adult person, as provided for in Article 7.9. below. The sale is carried out on the condition precedent of confirmation of adulthood upon delivery, which is canceled if the sale is not concluded and any money paid in advance is returned to the Consumer.
3.3. It is expressly noted that the Website which hosts the e-shop is not a proposal to Consumers to conclude a contract; rather it is an invitation to Consumers to submit a proposal at their own initiative, based on Article 1.7. above, subject to availability and price check, and the contract is concluded, upon receipt of the order confirmation e-mail, with the Seller to be notified to the Consumer by Papastratos, and is subject to the above condition precedent under Article 3.2.
3.4. When the Product is ready to be delivered, we will notify you by e-mail and/or sms, which will include the necessary details for monitoring the delivery of your order Should any problem occur with regard to the order or the delivery times as set forth above, you will receive relevant information by email, sms, and/or by telephone. In case of late delivery, you may either request that the delivery be made within a new time limit or you may be released from the contract by terminating it. In the event that the Product is ultimately unavailable or an error in availability or price is detected, or in the event of cancellation/termination of the contract under 3.2., the Seller shall refund without undue delay all money paid.
3.5. 3.5. Order confirmation and notification about the stages of execution of the sale until the delivery of the Product or about any issue may occur, it can be made by e-mail and/or by telephone, or by sms to the details you have entered in your Account.
3.6. From time to time, if such an option is available, you may pre-order Products which will be delivered after their official placement on the market. When available for sale on the e-shop, those Products bear a special label, and are accompanied by information about the cost and the estimated time of delivery thereof. In pre-orders payment is possible only by credit card and PayPal account (if it is available) via the e-shop (not by cash on receipt). With regard to all other aspects, the pre-ordering procedure is completed and carried out exactly in the same manner as any other order placement and purchase from the e-shop (unless any particular condition is applicable, as appropriate).
4. Maximum amounts of orders
4.1. Each Consumer can buy up to:
4.1.1. in terms of Consumables: eighty (80) packs of heated tobacco sticks per type of Consumable and forty (40) liquid refill containers, per month;
4.1.2. in terms of Devices: five (5) Kits or Mobility Kits (i.e. a box containing the complete set of the Device with or without its Consumables, depending on the applicable offer) per category of Device (Heat not Burn and Vape) per calendar month;
4.1.3. In terms of single-use e-Cigarettes: forty (40) packs per calendar month.
4.2. The maximum purchase limits can be changed, while there might also be a purchase limit per day, to be announced on the Website. It is noted that we implement an automated system that does not allow the addition of supplementary Products above the limit set each time.
4.3. Papastratos also reserves the right to refuse, at any time, any purchase or the execution of any order, if there are suspicions that these terms are being violated or that a Consumer is making purchases (in the same or separate orders) that are not intended for private use or in any other case where there are suspicions of violation of the law or these terms.
4.2. Papastratos also reserves the right to refuse, at any time, any purchase or the execution of any order if there are suspicions that these terms are being violated or that a Consumer is making purchases (in the same or separate orders) that are not intended for private use or in any other case where there are suspicions of violation of the law or these terms.
5. Product Prices
5.1. The product prices indicated on the e-shop are in Euros (€), they include the value-added tax (VAT), and they are total.
5.2. In general, we reserve the right to freely set the prices of the Products, to modify them, and change and/or withdraw offers and/or the pre-ordering option at any time. Consumers will be informed of the price and/or offer, and/or pre-ordering option applicable each time from the relevant post on the e-shop (and such information will apply to future purchases, rather than already placed orders). We also reserve the right to change the commercial policy on the delivery cost and the payment methods through the e-shop and telephone orders, at any time. In any case, Consumers will always be informed about the prices and the costs before their order is sent.
5.3. Even though every effort is made to make sure that all the details, descriptions and prices displayed on this Website are accurate, errors may occur. In that case, you will be notified, as provided for in Article 3.5. above.
6. Payment arrangements
6.1. The following payment methods are available for purchase of Products through the e-shop:
6.1.1. cash on delivery (in cash or by remote POS) of the Product – with the exception of delivery in a Smart Locker – unless otherwise laid down in our website- (in any case the limit allowed for payment of the price in cash is that stipulated each time by the laws);
6.1.2. credit or debit card
6.1.3. PayPal (without prejudice to Article 6.4 below)
6.2. It is explicitly specified that payment by credit card or PayPal only (i.e. not cash on delivery) is possible in the case of pre-order of a Product
184.108.40.206. In the event of price payment by credit card, this may be carried out by use of cards acceptable by the e-shop. If the Consumer chooses to pay by remote POS or credit card, the procedure will be carried out and concluded through an acknowledged payment service provider, offering, as stated by it, all the safety guarantees for the conduct of electronic payments. The payment data submitted by the Consumer are collected and processed solely by the associated payment service provider, who is exclusively responsible for processing them in order to complete the payment. The payment service provider will be responsible for any problem that may arise during payment by credit card. The Seller does not store and does not process the Customers’ card details. We may reject a Consumer’s order or rescind the sale at any time if it is established or speculated that there is any problem in relation to the card details. It goes without saying that the Consumer shall bear the full and exclusive liability for properly entering and completing their credit/debit card details in the payment system.
6.4. We reserve the right to amend the payment method options (e.g. disabling the option of payment via Pay Pal or by specific credit or debit cards) depending on business needs and capacities, with a view to the optimal operation of the system and proper fulfilment of the transactions. If such an amendment is implemented, the removed payment method will not be available to be selected by the Consumer in the order submission procedure.
7. Details of delivery arrangements
7.1. 7.1. The delivery of the Products purchased by the Consumer through the e-shop is carried out by the Sellers or their partners (courier companies), in the following ways:
a) Delivery to an address indicated by you upon completion of your order. In this case, you must present yourself in person to receive the Products and have the appropriate identification documents (to prove your identity as an Account User and that you are an adult). Otherwise, any courrier acting as an agent of the Seller will refuse to deliver the Product, which will be returned to the Seller. In that case, the purchase and sale contract will be automatically cancelled as stated in Article 3.2. above, since the verification of the Consumer's legal age and the identity check is an absolute prerequisite for the delivery of the Products, which consists a legal foundation for the purchase of our Products via the Remote Channels.. After the identity check at your first order, for each future order, Products can be delivered at an adult person appointed by at the point of delivery (the courier may also request to check the legal age of that person too, if necessary).
b) You can choose to have your order delivered to a Smart Locker, when this delivery option is offered. In order to be eligible for that delivery you must be a legal age verified Consumer either due to a previous distance sales purchase or in a physical store. This method in any case, applies only to purchases from the Website. You may select among the available Smart Lockers at a delivery point convenient for you. You will receive an SMS and an e-mail from the partner courier company stating when your order was delivered to the Smart Locker and you will have 2 business days from receipt of the above (the courier may extend this period for another business day, in which case you shall receive a new SMS and email) (collectively, "the Deadline"). You must collect personally your order from the specific locker indicated by using the code received by sms in your mobile phone. If you do not pick up your Product within the Deadline your order will be cancelled and your money will be refunded as stated in article 8.6.
We reserve the right to make any modification to the above delivery arrangements at any time, You shall be informed either by changing the present Terms or by a relevant post in our Website. In any case, any specific terms regarding the delivery arrangements included in our Website shall prevail in case they deviate from the present terms.
7.2. Products may only be delivered within Greece, as sale of Products abroad is not permitted.
7.3. Cost for the delivery of products is as follows:
a) FREE Shipping (unless otherwise laid down in the Website at the time of your order):
i) For purchases from 49€ and more, all over Greece for all types of orders – regardless of route (same day or next/ day after the next etc)
ii) For deliveries to Smart Lockers all over Greece
b) COST of Shipping* (unless otherwise laid down in the Website at the time of your order):
2,50€ for purchases below 49€, throughout Greece for all types of orders – regardless of route (same or next day / day after the next etc).
7.3.2. If a delivery charge is applicable, it will always be paid together with the price of the Product, either at the time of purchase from the Website or at the time of delivery of the Product, either by cash or by POS payment to the courier, at the delivery address entered in the order and indicated in the order confirmation. There is no option to pay separately.
7.3.3. Delivery costs and shipping may be modified at any time by the Company at its sole discretion (by means of a notification in these Terms and/or in the Website).
7.4. The order will be dispatched within the delivery time mentioned in article 7.6 below
7.5. 7.5. The following delivery options are not available (unless otherwise specifically stated on the Website or when placing your order or upon special arrangements with the courier company - if such an arrangement is offered at the couriers’ discretion):
7.5.1. Appointment for receipt of delivery.
7.5.2. 7.5.2. Delivery made to a point other than the one indicated in the delivery address you have given in your order and/or the Smart Locker you have indicated.
7.5.3. Delivery on Weekends and/or official public holidays
7.6. More specifically, the following apply (which may be amended from time to time and for future purchases by posting on the Website and/or these terms and conditions - in any case, the terms and conditions stated on the Website shall prevail):
DELIVERY WITH COURIER COMPANY
|Order consignment time||Delivery time||Place of delivery|
By 12:00 on weekdays (excluding holidays and weekends)
On the same day only in Attica
Only for specific places of delivery (see Attachment Table)
By 16:00 on weekdays (excluding holidays and weekends)
From the next business day and within 5 business days
Throughout the Greek Territory (see Attachment Table)
After 16:00 or for an order placed during weekends or holidays
From the day after next and within 5 business days
Throughout the Greek Territory (see Attachment Table)
DELIVERY WITH SMART LOCKER SERVICE
|ORDER CONSINMENT TIME||DELIVERY TIME||PLACE OF DELIVERY|
By 16:00 on weekdays (excluding holidays and weekends)
Within 24 hours from the moment the vendor receives the order
In the lockers that vendor has activated and are found on the checkout page
In more detail here.
7.7. Where days or weekdays are indicated above, they shall always mean “business days”. It should be noted that the schedule of delivery of the Products may change for reasons of Force Majeure or unforeseeable incidents beyond our influence and control. In this case, we will contact the Consumer by email or telephone or by text message in order to provide the Consumer with the relevant information. It is also noted that the above time limits do not apply to pre-ordering, but the estimated delivery time, as indicated on the e-shop, and as explicitly agreed between the Seller and the Consumer upon placement of the pre-order, shall be applicable instead.
7.8. We shall not bear any liability in the event that the person performing the delivery (Seller or third-party collaborating company) appears within the above time limits but does not manage to deliver the Product, due to erroneous delivery data, or absence of the Consumer. In that case, we are entitled to release the Products ordered and to cancel the order, refunding the amount paid within a few days.
7.9. In any case, the Consumer must appear in person to pick up the Products, and have the proper identification documents (to demonstrate that he/she is the same person as the Account User, and his/her age). Otherwise, any person responsible for the delivery or employee of the store that has been selected as pick-up point, acing as agent of the Seller, will refuse to deliver the Product, which will be returned to the Seller. The sale contract will be automatically canceled, as provided for in Article 3.2. above, since verification of the age and the identity of the Consumer, following an identity check, is a necessary condition for the delivery of the Products, without the establishment of which the sale would have never been concluded (legal transaction foundation - condition precedent). After the successful completion of the first order, for each future order, the possibility for the Products to be collected by an adult who will present himself/herself for collection at the point indicated by the Consumer as the point of delivery of the Product (the deliverer may also request to verify the identity of the receiver for identity verification purposes) is provided. We reserve the right to make any amendment to the above delivery arrangements, at any time, informing Consumers by changing these terms or through specific posts on the Website.
8.1. The rescission right is granted only to natural persons acting in their capacity as consumers, in accordance with Law 2251/1994. Provided that the Consumer is a natural person acting (only) as a consumer, he/she may rescind this agreement without providing any explanation, without prejudice to the terms of Article 8.7.3 below.
8.2. In particular, the Consumer is required to inform us of his/her intention to rescind, within the following time limits:
- for Consumables, Accessories, and single-use e-Cigarettes (Veev Now): within 14 days
- for the rest of the Devices (apart from single-use e-Cigarettes - Veev Now): within 30 days
from the day that:
- the Customer acquired the physical possession of the Products, or
- the Customer acquired the physical possession of the last Product, in the case of a contract concerning numerous Products forming part of the same order, which are delivered separately.
To comply with the withdrawal period, contacting us or sending your declaration of exercise of your right to retract before the withdrawal period referred to in Article 8.1 above expires will suffice.
8.3. The rescission procedure is as follows:
- The consumer contacts the Company through its contact details in one of the following ways: through the Live Chat on the www.gr.iqos.com website, via a personal message on one of the support pages: IQOS Greece (Facebook), @iqos_support_gr (Twitter), IQOS Support Greece (Viber) or by calling the Call Center about his decision to withdraw by mentioning the details related to his order as they are included in the withdrawal form
- Then, arrangements will be made for a carrier or a third-party associate (courier) of the Seller to receive the Product returned, along with the rescission form, from the Consumer
- The Product will be received for inspection, and the Seller will return the money corresponding to the price paid for the returned Product
**It should be noted that filling in the rescission form is highly significant for the conclusion of the rescission/return procedure: the Consumer must state the details recorded therein when contacting one of our representatives, for the conclusion of the rescission/return. Therefore, and with a view to facilitate the process, we encourage all our Customers to fill in the above form electronically or by hand, and to enclose it in/attach it to their contact with our representative, so that the order can be more easily traced and the return of the Product can be properly managed.
8.4. Notes regarding withdrawal:
a) If the Consumables have been purchased in a box they can only be returned if the box has not been opened (the security seal has not been removed). Individual Consumables that have either been taken out of the box that was purchased or have been purchased from the outset as separate or as part of an offer or package, but outside the box, cannot be returned. The aforementioned restriction becomes necessary for reasons related to the fulfilment by our company of the traceability and security feature obligations arising from Articles 106A and 106B of the National Customs Code (L. 2960/2001).
b) Accessories can be returned only if they are not damaged and have not been used (in any way other than that necessary to test the product in question).
c) With regard to Devices:
i) Single-use e-Cigarettes (Veev Now) cannot be returned in cases if their packaging has been opened, for reasons related to hygiene and the fact that the Device and the Consumable are inseparably mixed and cannot be reused.
ii) For the rest of the Devices: it is possible to exercise the right to withdrawal even for a Device that has been used (since these Devices can be made suitable for reuse by the Company). It should be expressly noted that the said extended time limit (30 days) and the withdrawal terms are granted voluntarily as an additional benefit (in addition to the statutory one) as part of a special “Money Back” program. This program may be cancelled at any time and the withdrawal may be applied within the time limits and under the conditions laid down in the legislation.
d) In the case of purchasing a Kit or Mobility Kit, a refund is possible only for the Device and Accessories but not for the Consumables (if they are not in a closed box as mentioned in point a) above, depending on the applicable offer)
e) A product that is personalized (e.g., a monogram has been engraved on it, the base contains a different lid from the original packaging, etc.) cannot be returned as a result of withdrawal
f) General obligations of the Consumer:
-The Consumer shall bear the indirect cost of return of the Products, provided that the Consumer selects his/her own means of return of the Products (not the means/manner indicated to the Consumer by Papastratos, after consultation, in one of the manners listed in Article 8.3.). The cost depends on the price list of the relevant courier company selected by the Consumer.
- With the exception of paragraph c) above, the Consumer is liable under law for any decrease in the value of the Products that results from handling the products in a manner that was not necessary to specify the nature, the characteristics and the functioning thereof. It should be noted that in order to determine the nature, characteristics and function of the Products purchased by the Consumer, he/she must handle and examine them in a way that he/she would be allowed to do in a physical store.
- In order for a return to be accepted, the Product sent by the Consumer for collection by the Seller must be (cumulatively):
- in the condition in which it was received,
- if the original packaging has been opened, it must be intact, without damage or tears and must be returned with the Product,
- complete (with all its accessories);
- - sent back with all the documents that accompanied the product, as well as with the rescission form. In the event that the Product is not accompanied by its documents, the Product cannot be identified with a specific order.
f) A product that is personalized (e.g. a monogram has been engraved on it, the base contains a different lid from the original packaging, etc.) cannot be returned as a result of withdrawal.
8.5. Effects of rescission
If the Consumer withdraws from this contract (and if all the conditions of article 8.4. are met), the money paid by the Consumer as consideration for the specific Product he/she is returning (including delivery costs, provided that these have been borne by the Consumer without undue delay, after the Product has been returned and checked) will be refunded to him/her. You shall be liable only for any decrease in the value of the products that results from handling the products in a manner that was not necessary to specify the nature, the characteristics, and the functioning thereof.
8.6. The Consumer expressly agrees that the money will be refunded by the respective Seller through a deposit to a bank account indicated by the Consumer if the payment was made by cash on delivery, otherwise to the card used for the payment (the same means of payment you used for the original transaction). The Consumer must correctly disclose his/her details and accepts that the deposit of the money to the account he/she has disclosed to us or to the card used exempts him/her from the obligation to return the money as described above. If payment has been made by PayPal, the money will be refunded either (a) to the card, when payment originates from a card, or (b) to the bank account, when payment originates from a bank account, or (c) to PayPal Balance, when payment originates from PayPal Balance (provided, of course, that it still applies as a payment method for the transaction at issue).
8.7. The above also applies in case of rescission of pre-order.
9. Guarantees - after-sale customer support services
9.1. With regard to actual defects and lack of agreed properties, the provisions on liability of the seller shall apply, in accordance with the provisions of Articles 534 et seq. of the Civil Code and Article 5 of Law 2251/1994, as amended and currently in force.
9.3. If you wish to contact us for any issue concerning the guarantees of your Product, you can call our Call Centre daily from 09:00 to 21:00.
9.4. For your after-sales support services provided by Papastratos, you can contact the Company's in one of the following ways: via Live Chat at www.gr.iqos.com, via a personal message on one of the support pages: IQOS Greece (Facebook), @iqos_support_gr (Twitter), IQOS Support Greece (Viber) or by calling the Call Center.
10. Responsibility for the operation of the Website
10.2. Consumers must promptly notify Papastratos by calling the Call Centre, if they have reasons to believe that:
- their secret password may have become know to a third party, or
- there is a risk that their password may be used without their permission.
Consumers shall bear full and exclusive liability for any action (act or omission) carried out through their account. The Company and the Sellers disavow any liability for damages arising from the use of a User’s account on the grounds of unauthorised access or use of the User’s account, provided that the Consumer has not previously duly notified them.
10.3. We exert our best efforts, in the context of the technical inspections we regularly carry out, so that the services, content and transactions are executed seamlessly, and without any interruption, and that the highest standard of security is maintained. However, Papastratos shall not be liable in case that, for any reason, including negligence, the operation of the e-shop is suspended, or access to it becomes difficult and/or impossible, and/or if, despite the security measures implemented, viruses or any other harmful software are detected and transmitted to the terminals of users/guests, or if unauthorised third parties interfere in any manner with the content and the operation of the e-shop, rendering its use difficult, or causing problems to its proper operation, or intercept details concerning the users’ personal data. Moreover, Papastratos shall not be liable in case of suspension of the access to the e-shop for reasons beyond our control, as well as for reasons due to a technical or other weakness of the network, or to reasons of force majeure, or to unforeseeable circumstances.
10.4. We exert our best efforts to ensure that the photographs of the P tate of the Products, to the extent possible. However, in any event, the Consumer accepts that the Products displayed in the photographs and the videos may deviate from the actual state, form, size, colour, and overall image of the Products sold by the e-shop. We shall not bear any liability in the event of any deviation of the photographic depiction of the product or the depiction thereof in a video from its actual image.
11. Licence to access and use the e-shop - Intellectual Property, Content and Trademarks
11.1. The e-shop is addressed to Consumers that cumulatively meet the conditions set forth in Article 1.4. above. The Consumer is granted a non-exclusive license of access and personal use of the e-shop, as specified in the Terms and Conditions. In the event of unauthorised use or breach of any term hereof, the license granted by the Company shall cease to be effective.
11.2. The intellectual property rights on the software and on the content of the e-shop are either held by Papastratos, or companies of the Philip Morris Group, or the lawful beneficiaries thereof, and are protected by the applicable laws on intellectual property rights. The Consumer does not hold any licence or consent to use, in any manner, the trademarks displayed on the e-shop, or the trademarks owned by third-party legal entities. Papastratos reserves exclusive rights over the domain name ‘iqos.gr’. Moreover, all the trade names displayed on the e-shop are duly subject to legal protection.
12. Final provisions
12.1. Papastratos reserves the right to select, at its sole discretion, the Products it will make available for sale in its Remote Sales Channels, and to amend, renew, and/or withdraw them at any time, without incurring any liability, and without any prior notification to consumers (each change will be made before conclusion of the sale contract with a specific consumer, and will concern future orders).
12.2. The Consumer must be each time informed about the Terms and Conditions concerning purchases through the Remote Sales Channels of Papastratos before concluding the purchase, as they may be amended from time to time by a mere post on the Internet (with effect for future purchases). The Company reserves the right (indicatively):
a. to change, at any time, all or part of the Terms (in each case, the parties are bound by the terms as they are in force at the time of the sale);
b. to renew or upgrade part or the whole of the Website content, the interface, the structure, or the configuration of the e-shop, as well as its technical specifications;
c. to limit access to the whole e-shop or a part thereof or to the Remote Sales Channels in general;
d. to cancel, suspend permanently or temporarily, or terminate the operation thereof;
e. to modify the Products offered for sale, to permanently or temporarily cease, or to cancel the sale of Products;
f. to change the manner of operation of the e-shop, and the charges;
g. to post information for a specific period of time and/or until exhaustion of the stock, to make ordinary or extraordinary discounts, etc.
12.3. Should any term of the contract be judged as abusive or be cancelled, this shall not affect the remaining terms of the contract, which will continue to apply and to bind the parties. When a single term or any part thereof may be treated individually, in order for the remainder to be rendered valid, that term shall be construed accordingly. Otherwise, the parties agree that the term will be repaired and it will be construed in a manner that approaches the original meaning to the greatest extent, in accordance with law.
12.4. These terms have been drawn up and are construed in accordance with the laws of Greece. Upon accepting these Terms and Conditions, you understand that you are subject to the exclusive jurisdiction of the courts of Athens, Greece.
12.5. Any delay by the parties in exercising some or all of the rights stemming from these Terms shall not result in the weakening or waiver of such rights, which may be exercised at any time, at the discretion of their holders.
12.6. Alternative dispute resolution: According to Directive 2013/11/EU, which was incorporated in Greek legislation by Joint Ministerial Decision 70330/2015, there is provision for the option of online dispute resolution for consumer disputes, under the process of Alternative Dispute Resolution (ADR), throughout the European Union. Consumers acting in the capacity of consumer and having any problem with a purchase made from the e-shop may initiate the ADR process via the single EU-wide platform for online dispute resolution (ODR platform), which is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, which allows consumers and suppliers to submit any disputes that may arise from online purchases to an online dispute resolution procedure. The certified Alternative Dispute Resolution (ADR) Body is: the European Consumer Centre of Greece (ECC GREECE) – Consumer Ombudsman, 144 Alexandras Ave, 11 471, Athens, +30 2106460284 +30 2106460784, firstname.lastname@example.org and http://www.synigoroskatanaloti.gr/. It should be noted that a necessary condition for consumers to have recourse to the Alternative Dispute Resolution process is that they have previously notified their problem to the email email@example.com, seeking a solution. According to law, the ADR process is not binding upon the parties, which may depart from it at any time. The consumer may contact the above ADR body, in order to seek guidance throughout the process of submission and processing of their complaint. For more information regarding alternative dispute resolution, you may visit the website http://www.synigoroskatanaloti.gr/stk_odr.html.