Please note this website is intended for Greece, in order to ensure compliance with local legal requirements we need to redirect you to the country you are located in.
CONTINUE
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, nicotine products in general 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 contact.gr@iqos.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. Notwithstanding the “Click n’ Collect” service referred in article 9 below, the sale of the Products is carried out either by Papastratos itself or by its third party partners on behalf of Papastratos (hereinafter the "Seller"). The Seller act as agent-indirect representative 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 Seller 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 are available on our Website for your knowledge at any time and which you accept before completing your purchase and/or receive with your order confirmation e-mail (when you make an order by telephone). 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
2.1. In order to make any purchase of Products remotely, it is mandatory for the Consumer to create an account at iqos.gr in accordance with the provisions of Article 4 of the Terms of Use of iqos.gr (hereinafter the "Account") which he/she accepts when opening his/her Account. Opening an Account is a necessary condition for the completion of the sale and purchase through the Remote Sales Channels, for the purpose of fulfilling the legal obligations in order to demonstrate compliance with the applicable legislation, ethics and policy of Papastratos with regard to tobacco or nicotine products. It is expressly clarified that each Seller which is processing the Consumer’s order acquires access to the Consumer’s Account details for the sole purpose of carrying out and concluding the sale and delivery of the Products of the specific order each time.
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.
2.3. Delete Account: Consumers have the right to deactivate their Account at any time, by clicking on the “Deactivation” button, as set forth in Article 5 of the Terms of Use of iqos.gr. It should be noted that in the event of deactivation of the Account on the e-shop, the conduct of purchases and the delivery of Products by orders through the Remote Sales Channels will no longer be possible.
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 delivery). 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). It is noted that the present clause refers to pre-orders from the e-shop and it is not related with the Click n’ Collect service of article 9 below.
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)
6.1.4. 6.1.4. In case of a telephone order, you can pay:
a) by cash on delivery or
b) with your credit card via a link that will be sent to the mobile phone you have registered in your Account. In this case you must complete the payment within 24 hours after receiving the link (in case of any technical problem of the link you may contact our Call Centre to have a new link sent to you within the above 24 hours from the sending of the first link at the latest) If the payment is not completed within the above time frame, your order will be automatically cancelled and you will have to place a new order.
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
6.3.6.3. 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 Seller 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).
or
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.
7.3.1 Cost for the delivery of products is as follows:
Charges for Delivery:
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 Seller receives the order for land destinations and within 48 hours for island destinations |
In the lockers that the partner has activated and are found on the Website |
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. Withdrawal
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) Withdrawal does not apply to the program Click n’ Collect as laid down in article 9.7.below
g) 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.
h) A product that is personalized (e.g. the monogram has been engraved, the base contains a different lid from the original packaging, etc.) cannot be returned due to withdrawal.
8.5. Effects of withdrawal
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 withdrawal of pre-order for purchase through the e-shop or by phone.
9. Special provisions for “Click n’ Collect”
9.1. You have also the option, to reserve via the Website or by telephone Products in order to purchase them from a physical store that is more convenient for you (this programs applies to specific Products only, as announced from time to time)
9.2. In this case, you can select the Products that you want to reserve in a physical store of your choice; then you may visit that store in person in order to conclude the purchase and the payment of the Product.
9.3. Upon submitting your reservation request, you will receive an e-mail acknowledging the receipt and routing of that request. Confirmation of your reservation is subject to stock and price check by the physical store. Once the above have been verified, you will receive a confirmation e-mail. In case of any problem, the store will contact you directly. If you wish to reserve and pick up the Product from a different store, you will have to repeat the process through our Website or by contacting the call center.
9.4. The store shall reserve the Product for 5 days from the date of the confirmation e-mail. If you do not show up to proceed to the purchase within the above period, your reservation will be released.
9.5. For this service, Papastratos only routes the reservation request to the physical store and sends you the e-mails of article 9.3 .The physical store acts as an independent third party Seller. As such that store is solely responsible for confirming the availability and price of the reserved Product, as well as for the proper performance of the service and the execution of the purchase agreement within the physical store. Papastratos is not a contracting party for the reservation and the purchase and sale. That contract is executed only between the Consumer and the respective seller within the physical store.
9.6. The price is paid within the physical shop and only when the purchase is carried out.
9.7. It is clarified that the Click n' Collect service does not constitute a distance sale contract, since the sale contract is carried out in the physical store; therefore the right of Withdrawal as well as other terms that specifically apply to distance contracts, under local laws and the present terms, are not applicable to this service.
9.8. In order to use this service, too, you must create an Account on the Website and meet the requirements of article 1.4 above as well as come in person to the physical store to make the purchase. In any case the purchase is subject to the verification of your legal age, as laid down in article 3.2 herein
10. Guarantees - after-sale customer support services
10.1. 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.
10.2. The commercial guarantees for the Products (where guarantees are provided) are provided by Papastratos. It should be noted that Seller do not grant any commercial guarantee or any extension thereof (however, the statutory guarantee derived from the sale shall apply, as it is provided for by the Civil Code and is each time applicable). With regard to the guarantee, the terms indicated in the Product packaging and the provisions of Article 6.1 of the Terms of Use of iqos.gr shall apply.
10.3. 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.
10.4. 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.
11. Responsibility for the operation of the Website
11.1. 10.1. The whole content of the Website is provided “as is”, without any requirements or other guarantees of its accuracy or suitability for the use or the purpose for which the products sold are intended. Thus, access to the Website exclusively lies with the responsibility of each Consumer. In addition to that expressly mentioned in these terms, to the maximum extent allowed by the Law, the Company shall not bear any obligations and guarantees which it has not expressly undertaken. In any case, the provisions of the Terms of Use of iqos.gr shall apply, to issues involving accessing and using the Website, keeping the Account at iqos.gr properly, and to issues pertaining to the limitation of the liability of Papastratos.
11.2. 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 Seller 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.
11.3. 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.
11.4. 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.
11.5. For any other damage sustained by the Consumer as a result of using or navigating on the e-shop, we disavow any liability for any consequential, potential and indirect damages, or for loss of profit, including profits not made, loss of data, suspension of activity, damage to fame or reputation, or for the cost of purchase of substitute products, or any other damage, of whatever nature, that could arise from the use of the Website and its features, or the content thereof, or from the inability to use the Website, the inability to participate in any tendering procedure or offer, and/or the inability to purchase or send any item or product relating to the Website and its features, regardless of whether such damages could have been foreseen, or whether they arise in the framework of the contract, the conduct of the purchase, out of the products appearing on the e-shop, due to tort or by negligence, under applicable laws, or in another manner. In any case, however, and provided that any damage is due to the proven fault of the Seller, the latter shall bear liability only for the coverage of any actual damage caused to the damaged party that demonstrably originates from and relates directly to the event giving rise to the damage, and the wrongful act or omission. In the event of negligence, any damage shall be limited to the amount of EUR one thousand (€1,000). Thus, all the liability limitations contained in these Terms of Use, which are acknowledged and accepted by the Consumer in their entirety as being valid and consistent with good faith and transactional practices, apply.
11.6. The Consumer uses the e-shop and acquires access to the content posted, at their own initiative and exclusive responsibility, having full knowledge of the fact that the Website contains tobacco products, new tobacco products and/or e-cigarettes and accessories thereof. The Consumer agrees to compensate, defend and release the Company, the Seller, the companies of the Philip Morris International Group, the managers, officers, employees, consultants, representatives and associates thereof of any and all claims of third parties, liability, damages and/or costs arising as a result or on the occasion of any wrongful illegal or anti-contractual use of the Website from the User, or as a result of the wrongful breach on the User’s part of any of the Terms of Use. In any case, the Consumer must promptly notify the Company via the Call Centre at telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider)| operating hours of the IQOS call centres Daily 09:00 – 21:00, or by live chat, Viber, or messenger, or at contact.gr@iqos.com, or by filling in the relevant form on our Website, if he/she has become aware or has reasonable suspicion or indications that the Website has been used in an illegal or anti-contractual manner by him/her (even due to his/her negligence) or by any other person, so that the Company will be able to take the necessary measures to limit any damage.
12. Licence to access and use the e-shop - Intellectual Property, Content and Trademarks
12.1. 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.
12.2. 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.
13. Final provisions
13.1. 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).
13.2. 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.
13.3. 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.
13.4. 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.
13.5. 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.
13.6. 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, info@eccgreece.gr 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 contact.gr@iqos.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.
Date: November 2024