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GENERAL TERMS AND CONDITIONS

 

PART A. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

PART B. GENERAL TERMS AND CONDITIONS OF ELECTRONIC PURCHASE OF IQOS PRODUCTS

 

PART A. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

 

1. Terms of Use of the Website

1.1.Access to and/or navigation on the website www.iqos.gr (hereinafter “Website”) is subject to the following terms and conditions which, along with the Data Protection Policy, are a single text (hereinafter the “Terms of Use”). The website www.iqos.gr belongs to the company under the trade name PAPASTRATOS CIGARETTE MANUFACTURING COMPANY SA and the distinctive title PAPASTRATOS SA, having its registered office in Aspropyrgos, at Imeros Topos, Kororemi Site, with General Electronic Commercial Registry No. 227601000, with TIN 094011481-ATHENS TAX OFFICE FOR COMMERCIAL COMPANIES, telephone number 210 4193000, fax number 210 4112303, (hereinafter “Papastratos”). It is stressed that access to and navigation on the Website, registration in the Newsletter list sent by Papastratos, any information, the content, in any form (including videos or information of another form), provided by the Website, search of the nearest shop for the procurement of products, communication with Papastratos, and the overall features and functions provided through the Website, are addressed to persons that cumulatively meet the following requirements:

i) they are natural persons, over 18 years of age (such age must be completed already upon access to the Website and any action relating to it);

ii) they are smokers and/or users of other tobacco products and/or electronic cigarettes;

iii) they reside or stay in Greece; and

iv) they have full legal capacity (hereinafter the “Users”).

Creation of an account is required for the User’s full access to the content of the Website, for the conduct of any purchase of IQOS products and related products (hereinafter Products). Creation of an account is also necessary for the fulfilment of the legal obligations of Papastratos in relation to the current laws, and for proving compliance with the current laws, ethics and policy of Papastratos for the protection of personal data, and the prohibition of sale, advertising and promotion of products to underage persons. Among other things, creation of an account is also necessary for further ensuring compliance with the age limit of 18 years, to the extent possible, which allows access and use of the Website. Users must also certify their residence within the territory of Greece.

1.2. Papastratos takes all reasonable measures for the protection of minors from the use of tobacco products in general. The Website is exclusively addressed to persons who meet the requirements of the previous Article above, its main purpose is the provision of information on the products at the User’s/Customer’s initiative, and it is not a recommendation or incitement for purchase of a Product. The Products fall under the category of new tobacco products, under Law 4419/2016. Users gain access and use the Website on their own initiative and at their own responsibility, fully acknowledging and understanding the risk to their health.

1.3. Access to and use of the Website by the User is subject to these Terms of Use. Papastratos invites Users to read these Terms of Use carefully before visiting or using the Website. A visit to the Website for navigation, as well as for the creation of a User account, presumes unconditional acceptance of all the present Terms of Use on the part of the User. The User must frequently visit the Terms of Use, as they may be amended at times without there being any other obligation for information about such amendment, except for their being posted on the Website. Both these Terms of Use and any amendments thereto are the contractual framework which governs the relationship between the User and Papastratos at any given time. In the event of disagreement or reservation of the User about part or all of these terms, the User is invited to abstain from access to or navigation on the Website, or any other action on it, and to inform Papastratos in this regard at contact@iqos.gr, otherwise, for access to the Website, the acceptance of all the Terms of Use is unreserved.

1.4. Papastratos reserves the right, indicatively, and not exclusively:

a) to change at any time, without justification and without any prior notification, part or all of these terms of use;

b) to renew or upgrade part or the whole content of the Website;

c) to renew or upgrade part or the whole of the interface, structure, or configuration of the Website, as well as its technical specification; and to

d) limit access to the whole Website or part thereof. Also, Papastratos reserves the right to cancel, suspend, permanently or temporarily, or terminate the operation of the Website at any time, without any justification and without any prior notice to the User of the Website.

2. Features and functions of the Website

2.1. Informational section on IQOS

Papastratos provides information of varied content with regard to the Products and the overall function thereof through relevant videos as well. Such information is provided for the necessary provision of information to the User about the products, and it does not recommend any product, or encourage the purchase of any product. Papastratos shall not bear any liability for any damage that may be caused to any User/guest or third party, due to or on the occasion of information received from the Website or posted on the Website.

2.2 Nearest store locator

The Website allows the User to use an automated tool for locating the nearest store that sells the Products. This tool is made available to the User exclusively for the User’s facilitation, and the result extracted exclusively depends on the relevant data imported by the User. Papastratos shall not bear any liability in relation to the results extracted by using the automated tool, or for any inaccuracy or deviation of such results in relation to the actual distances.

2.3 Contact with Papastratos

The Website provides the User with various contact modes. Contact by Papastratos with the User which is carried out in this manner and is agreed to in accordance with what is provided for on the Website, takes place on the initiative and at the request of the User, and is by no means made on the initiative of Papastratos, even in the cases when Papastratos itself calls the User at the contact details indicated by the User, as in this case also, Papastratos contacts the User only at the User’s prior request, and under the terms of theData Protection Policy described in detail below

2.4. Purchase of IQOS products, add-ons, and accessories

Through the Website, the User is given the opportunity, should he/she so wish, to visit the E-shop and purchase IQOS products (and other add-ons and accessories), hereinafter collectively the “Products”. To that end, it is absolutely necessary that an account has first been created, as specified in Article 1.3 above and Article 3 below. Electronic sales of Products through the E-shop are carried out by the company under the trade name FOODLINK COMMERCIAL AND INDUSTRIAL COMPANY FOOD REPRESENTATION AND DISTRIBUTION SA, having its registered office in Aspropyrgos, at the site Lakos, Kamatero, with General Electronic Commercial Registry No 44413707000, TIN 094509258-Athens Tax Office for Commercial Companies, telephone No 210 5517821, fax No 210 5596411, as an independent third party-associate – reseller of Papastratos (hereinafter “Foodlink”), which shall bear full responsibility for proper fulfilment of all its obligations to the E-shop and vis-a-vis purchasers. The E-shop is also governed by the General Terms and Conditions of Electronic Purchase of IQOS Products – PART B, described in detail below.

3. Creation of an account at the Website

3.1. The Website User may create an account even if they do not intend to proceed immediately or proceed at all to the electronic purchase of the Products, in order to acquire full access to the content of the Website, as it is specified in detail in the Data Protection Policy of Papastratos. However, the conduct of purchases through the E-shop presupposes the user’s registration and the creation of an Account, as described above. Thus, the creation of a User’s account in the above manner is the basis of the above, a necessary precondition, both for navigating the wider, whole content of the Website and for navigating the E-shop, for sending any order and/or, in general, concluding the purchase remotely (through the E-shop and/or by telephone).

In particular, the collection of the required data of the User through the creation of a User’s Account, and the processing of such data on the part of Papastratos is necessary in order for the User to navigate the Website and to further view content for the purpose of fulfilling the legal obligations of Papastratos in relation to the current laws, and proving compliance with the current laws, ethics and policy of Papastratos on the protection of personal data and the prohibition of sale, advertising and promotion of products to underage persons. Also, the collection of the aforementioned personal data of the user by Papastratos is required for the fulfilment of the contractual obligations of both sides, pertaining to the agreement of collaboration with FOODLINK for the resale of the FOODLINK products through the E-shop of the Website. The data requested as required are the necessary, pertinent and available data in order for Papastratos to take any reasonable additional measure of protection and for ensuring, to the extent possible, that no minors will navigate the whole of the content, and for purposes of identification of the User by the Website.

3.2. Accuracy of data submitted

Upon registration, the User enters the required data (and/or the optional data, should he/she so wishes) referred to in Article 1.2 of the Papastratos Data Protection Policy. Those data must be entirely correct, true, accurate and updated, and the User must keep such data correct, true, accurate and updated while keeping the Account. In the event of subsequent change of any of such data, the User must notify Papastratos at contact@iqos.gr, or through the Website at the field “Support”, or at the telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider) within a reasonable period of time. In the event that the contractual or legal obligations of Papastratos are not timely and duly fulfilled because of the use of untrue, erroneous or non-updated personal data stated by the User, Papastratos shall not bear any liability. Moreover, the User bears full and exclusive liability for any loss or damage caused to Papastratos due to untrue, erroneous or non-updated data stated by the User. It should be stressed that any notification sent (as part of the legal obligations of Papastratos, or in the case of special communication set forth in these Terms of Use) to the email address notified by the User during the creation of the account, shall be deemed to be valid, even if it is not delivered to the User due to an error in the data written by the User and/or technical or other failure of the User’s server, and/or telephone, and/or telecommunications provider, and/or due to change of the User’ data (provided that the User has not timely notified Papastratos in this regard).

3.3. Protection of the codes of the User’s account

a) It is also necessary that the User creates a secret password, set by the User based on the each time applicable safety rules of Papastratos regarding password creation. With such password, the User will acquire access to the whole content of the Website, to their Account and to the E-shop, and they must always keep that password secret and safe.

b) In particular, Users shall bear full and exclusive liability for protecting the secret password that they have created and use for entering their accounts. Users must completely avoid revealing the password to other persons, so that any unauthorised access and use will be prevented (especially, but not exclusively, to any minors). Also, each User must promptly notify Papastratos, if they have reasons to believe that

i) their secret password could or may have become know to a third party, or

ii) there is a risk that their password can be used without their licence.

iii) The User shall bear full and exclusive liability for any action (act or omission) carried out through their account. Papastratos disavows any liability for damages arising from the use of a User’s account either against LSP who sells the products on the E-shop, or against third parties, on the grounds of unauthorised access or use of the User’s account, provided that the User has not previously duly notified Papastratos at contact@iqos.gr, or through the Website at the field “Support”, or at telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider).

3.4. Conclusion of the account creation procedure

After supply/submission of the above data and successful creation of an Account, the User will receive an email from Papastratos at the email address stated by the User, in order to activate his/her registration on the Website through a link. Following activation, the User will receive a new email notifying them on the successful conclusion of the registration process and the creation of a User’s Account. Creation of a User’s account allows the User to log onto the Website, by using the secret password set by the User at the stage of creation of an account. Each User may change the personal data stored in their profile at any time, by accessing the part of the Website called “My IQOS™”.

3.5. Account Deletion – Termination of contract with Papastratos

In particular:
The User has the right to deactivate their account at any time, at will, by pressing the Deactivation button. It should be noted that if the Customer has deactivated his/her account at the E-shop, then his/her account as a whole will be deactivated, and his/her general navigation on the Website will be impossible (from the point where registration of a User is required), since the existence of both accounts is a necessary condition for the proper and lawful organisation and operation of the whole Website, as provided for in Article 2.1 and in the Data Protection Policy. Following deactivation, the data of their account are kept for six (6) months. Within such time period, the User may activate their account again. Otherwise, their data are deleted. If the User wishes their data to be deleted promptly, they must state so specifically by sending an email at contact@iqos.gr, or by calling at telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider).

In any case, it is clarified that the deactivation or deletion of the account does not entail deletion of the User from the contact list of Papastratos.

a) These Terms of Use are of an unlimited term, and they may be terminated at any time by any party (Papastratos or User).

b) Papastratos may terminate these Terms by sending a relevant email to the email address stated by the User and setting a reasonable deadline, after the expiration of which, the Customer’s account, as a whole, will be deactivated, as mentioned above.

c) Papastatos may also delete the Account of a User and/or deny access to the Website, for any reason. It is particularly entitled to take the foregoing actions on any serious ground, including, but not limited to the case where there is evidence of bad faith, illegal, or anti-contractual navigation and/or use of the Website (detected by it, or following a complaint by any third party). In this case, the User’s data are kept for the purpose of confirming that the same User will not register again on the Website.

It should be noted that the deletion of the Account for any reason inactivates access both to the broadened content of the Website and to the E-shop, since, as it has already been mentioned, the Account is necessary for further navigating on the Website as a whole, and is a necessary precondition for entering it further.

4. Access permission, access and use of the Website

4.1. Users, in principle, acquire access to the Website only if they solemnly declare that they are over 18 years of age. The Website is addressed to Users who permanently or temporarily reside in Greece. Access to the Website is prohibited for devices and IP addresses that are not within the Greek territory. Moreover, access to the full content of the Website and the option to make purchases through the E-shop (managed by LSP) is possible only after the creation of a User’s Account, under the terms set forth in Article 3 above.

4.2. Upon acceptance of these terms of Use, the User is granted a non-exclusive permission of access and personal use of the Website, for the purposes specifically detailed in these Terms of Use. This permission shall by no means entail permission to take up or amend the Website or any part thereof, which can only be allowed with the written permission of Papastratos. Such access permission granted to the User does not allow any resale or commercial use, reproduction, creation of copies, copying, transmission, announcement, placement on the market, amendment, or assignment of permission, or any other manner of exploitation of this Website or its content, any collection and use of any lists, descriptions or photographs of products, any derivative use of this Website or its content, any receipt or copying of account details for the benefit of a trader, or any use of data extraction tools, robots, or similar data collection and extraction tools Use in any manner, or another kind of exploitation of the Website and its content for professional or commercial purposes, is prohibited. Papastratos holds exclusive rights over the domain name iqos.gr. Moreover, all the trade names appearing on the Website are duly subject to legal protection.

4.3. Any posting by any User of content from this Website on any other website shall not automatically enable access to the content of this Website. Access to it is possible only if the terms of Article 4.1. above are cumulatively met! Therefore, 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 meet all the requirements set forth in these Terms of Use. The User must take any reasonable measure to prevent posts on websites addressed to minors. The User may not knowingly approach any minor in relation to the tobacco products, in order to inform them or encourage them to use this Website.

4.4. Use of the Website is allowed only provided that the User acts in a fair and lawful manner, and abstains from any action that causes harm to the reputation of Papastratos, or from any unlawful exploitation thereof. The User is also prohibited from creating any connection that insinuates any kind of relationship of the User or a third party with Papastratos, or approval or support by Papastratos when there is none. It is not permitted for the Website to be placed in a frame on any other website, and, in any case, the User is prohibited from creating any link to any part of this Website other than the homepage. Papastratos reserves its right to remove the connection permission without justification, without penalty and without any prior notice to the User.

4.5. The User is 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 Website of Papastratos and its associated companies and 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. In the event of unauthorised use, the permission conceded by Papastratos for access to the Website shall automatically and promptly cease to be in force.

4.6. It is highlighted that impeding the operation of the Website and replacing or amending its content (images, photographs, texts, etc.) is prohibited. Commission or facilitation of criminal offences in any manner, transmission of viruses, trojans, worms, logic bombs, and any action, in general, that may lead to an unaccepted or extensive encumbrance of the infrastructure or the operation of the Website is prohibited. Users must comply with the privacy obligations, while they must abstain from using the Website in a vulgar, offensive, illegal or obscene manner.

4.7. Additionally, the User may not destroy data, cause discontent to other Users, violate the property rights of other persons, send unsolicited advertising or promotional material, commonly known as “spam”, or try to influence the performance or functionality of any Website features or features to which the User gained access through the Website. The violation of this provision is a criminal offence, according to Greek law. Papastratos informs its customers that it will notify the competent authorities of any such violation that may come to its knowledge. It will also notify the Authorities of any data requested, in accordance with the requirements of the law.

4.8. The User uses the Website at their full and exclusive liability at their request and based on these Terms of Use. The User’s connection with the Website is made with technical means, and through providers of the User’s choice.

4.9. This Website is linked through hyperlinks with other Websites, which are not related with Papastratos, and whose content is not controlled by the latter (the “Linked Websites”). Therefore, Papastratos does not guarantee that the content posted on the Linked Websites is correct, legal, complete, updated, true, accurate, or of good quality, and does not bear any liability for it or for any loss or damage that may be caused as a result or on the occasion of the use thereof, or as a result or on the occasion of the sales of Products through it. Similarly, Papastratos cannot check the collection and processing of the users’ personal data by the Linked Websites, and, therefore, it does not bear any liability in relation to such collection and processing. When the User uses the Linked Websites, the Terms and Conditions, as well as the Data Protection Policy of each website shall apply accordingly.With regard to any issue that may arise indicatively in relation to the content or the use of a Linked Website, the User is invited to address directly the owner or administrator of each Linked Website. Papastratos by no means embraces or accepts or approves the content or the services of the Linked Websites to which the User is referred through hyperlinks.

5. Intellectual Property, Software, Content and Trademarks

5.1. The intellectual property rights over the software and on the content of the Website belong either to Papastratos, or to associated companies, or to companies of the Philip Morris Group, or to other lawful beneficiaries, and are protected by the applicable laws on intellectual property rights.

5.2. The appearance and display of the Website content may not be taken as transfer and/or assignment of a licence and/or a right to use thereof. The User may store, print and display the available content exclusively for personal use. Both Users and any third party are prohibited from publishing, managing, distributing, copying in whole or in part, transferring, altering, storing, republishing, amending, or reproducing in any other manner, in any form, any part of the content or copies of the content that appear on this Website. Users are also not allowed to amend, translate, decompile, reconstruct, or create derivative works by using any software or accompanying documentation offered by Papastratos or its licensors. The trademarks appearing on the Website belong either to Papastratos or to the companies of the Philip Morris Group. The User or any third party does not have and does not obtain any permission or consent to use in any manner the trademarks of Papastratos, or the trademarks belonging to companies of the Philip Morris Group, without the special written permission of Papastratos.

6. Operating framework of the Website and limitation of liability of Papastratos

6.1. Papastratos shall not provide any guarantee (i) of the proper operation of the Websites and/or the Applications; (ii) of the access and use right; (iii) of the full, accurate, and updated nature of the contents, the information, or the data available on the Websites and/or the Applications; (iv) of the absence of any defects or errors in the content and/or the operation of the Website and/or the Applications; (v) of the absence of viruses or other malicious software; and (vi) of the absence of certain qualities that could be expected in relation to such Websites and/or Applications, or the content thereof. Thus, Papastratos informs the User that both the whole content of the Website, and the display of the Products (which can be purchased by the User only through the E-shop that belongs to LSP) are provided “as they are”, without any requirements or other guarantees on their truthfulness, accuracy, or suitability for the use or the purpose for which the Products sold are intended.

6.2. Access to and use of the Website is made through the User’s own means, as provided for in Article 4.7. Papastratos and its associates exert their best efforts, in the context of technological inspections regularly carried out by them, so that the services and the content are provided smoothly and without any interruption, and that its highest standard of security is maintained. However, it shall not be liable in the case that, despite the reasonable measures taken by it, for any reason, including the case of negligence, the operation of the “Website” is suspended, or access to it becomes difficult and/or impossible, and/or if, despite the safety measures implemented, viruses or any other harmful software that impedes use of the Website are detected and transferred to the terminals of users, or if unauthorised third parties interfere in any manner with the content and the operation of the Website, rendering use thereof difficult or causing problems to the proper operation thereof, or intercept details concerning the users’ personal data. Moreover, Papastratos shall not be liable in the case of suspension of access to its website for reasons beyond its 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.

6.3. Papastratos shows due diligence, so that the photographs of the Products appearing on the Website, as well as any videos posted on the Website, depict the actual state of the Products, to the extent possible. However, in any case, the User accepts that the Products appearing 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. Papastratos shall not bear any liability in the event of a deviation of the photographic depiction of the product or the depiction thereof in a video from its actual image. Papastratos does not guarantee the accuracy or reliability of any information or content regarding any products, software, or advertisements included in the Website, as well as of the content of third parties to which the User is referred through hyperlinks from the Website, or to which the Website provides access.

6.4. Papastratos takes any reasonable measures for preventing unauthorised access to the Website, i.e. from persons that do not meet the requirements set forth in Article 1.1. above. To that end, access to the Website is automatically deactivated after 30 minutes without any action by the User. However, the User must also take any possible provision for preventing use of the Website by unauthorised persons, such as, indicatively, avoiding making use of the Website before such persons (e.g. minors, vulnerable groups in relation to tobacco products, etc.) or leaving the Website open and/or without their supervision before such persons.

6.5. In view of the fact that it is technically impossible (neither is there any legal obligation to that end), Papastratos does not control and cannot control any posting of content (even under the access restrictions listed in Article 4.3 above) by the User to websites of third parties addressed to persons not meeting the requirements for access to this Website, under Article 1.1. above The User must take any reasonable measure in order for posts on third-party websites to meet the requirements of Article 4.3. above.

6.6. The User uses the Website and acquires access to the content posted on it on their own initiative and at their own exclusive responsibility, having full knowledge of the fact that the company contains tobacco products. The User agrees to compensate, defend and release Papastratos, the companies of the Philipp 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 User must promptly notify Papastratos at contact@iqos.gr or through the Website in the field “Support” or at the telephone numbers 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider), if the User has become aware or has reasonable suspicion or indications that the Website has been used in an illegal or anti-contractual manner by the User (even due to the User’s negligence) or by any other person, so that Papastratos will be able to take the necessary measures for the purpose of limiting any damage.

6.7. Papastratos disavows any liability for any consequential, possible and indirect damages or for escaped profit, including profits not made, loss of data, suspension of activity, damage to the 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 its Websites and/or the Applications, or the content thereof, or from the inability to use the Websites/Applications, the inability to participate in any tendering procedure or offer, and/or the inability to purchase or send any item or product relating to its Websites and Applications, 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 Website or on the E-shop, due to tort or by negligence, based on the applicable laws, or in another manner. In any case, however, and provided that any damage is due to the proven fault of Papastratos, 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 Website User in their entirety as being valid and consistent with good faith and transactional practices, apply.

It should be noted that Papastratos is not a contracting party to the Product sale agreements between LSP and the Product purchases carried out through the E-shop. It, therefore, bears no liability for the fulfilment of the contractual obligations of LSP, or for any other issue that may arise as a result or on the occasion of the purchase of a Product through the E-shop. For any issue that may arise in relation to, or as a result or on the occasion of the Product purchase agreement through the E-shop, the User must exclusively address LSP at the following telephone numbers 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider). In the event that any User, by mistake, contacts Papastratos for any issue in relation to the E-shop, Papastratos will forward the message to LSP or will directly inform LSP.

7. Applicable Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Greece. The User and Papastratos, upon acceptance of these Terms and Conditions, agree to be subject to the exclusive jurisdiction of the courts of Athens, Greece.

8. Final provisions

8.1. he above Terms of Use bind the parties (Papastratos and the Users) collectively, and constitute, as a whole, the whole contract of the parties, and prevail over any and all previous and current contracts between the User and Papastratos. The information mentioned on the Website is an integral part of the agreement and shall not be changed without an express agreement between the contracting parties (e.g. express agreement through the exchange of emails).

8.2. Should any term be judged as abusive or be cancelled, this shall not affect the remaining terms, which will continue to apply and to bind the parties. In any case, to the extent that this is feasible, one term/sub-term or part thereof may be taken into consideration separately, in order for the remaining part to become valid. The term will be construed accordingly. Otherwise, you agree that the term must be repaired and it will be construed in a manner that approaches the original meaning of the term/sub-term to the greatest extent, in accordance with the law.

8.3. Any delay in the parties’ exercising some or all of the rights stemming from these terms shall not result in the weakening or waiver of such right, which may be exercised at any time, at a later stage, at the reasonable judgment of its holder.

8.4. The headings contained in these terms and conditions are set for reference purposes alone, and shall not affect the meaning or interpretation thereof.

 

PART B. GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF IQOS PRODUCTS THROUGH THE E-SHOP AND/OR BY TELEPHONE ORDERS

 

1. In general for the conduct of purchases of IQOS Products

1.1. Remote purchases of IQOS products and other add-ons and accessories relating to IQOS (hereinafter “Products”) are carried out through the electronic shop that is accessible through the website (hereinafter the “E-shop”). In particular, the organisation, operation, and conduct of remote sales of the Products, and the overall distribution thereof through the E-shop and/or by telephone orders will be carried out by the company under the trade name FOODLINK FOOD REPRESENTATION AND DISTRIBUTION SA and the distinctive title FOODLINK SA, having its registered office in Aspropyrgos, at the site Lakos, Kamatero, with General Electronic Commercial Registry No. 44413707000, TIN 094509258, Athens Tax Office for Commercial Companies, with telephone number 210 5517821, fax number 210 5596411 (hereinafter “Foodlink”), which is a third party-legal person, commercially cooperating for the sale of Products through the Internet and by telephone with the company under the trade name PAPASTRATOS SA (hereinafter “Papastratos”). It should be noted that access and navigation on the E-shop, performance of any purchase through it or by telephone, any information, content of any form, including videos, or update provided by the E-shop, as well as the overall features and functions provided through the E-shop, are addressed to persons who cumulatively meet the following requirements:

i) they are natural persons, over 18 years of age (such age must be completed already upon access to the Website and any action relating to it);

ii) they are smokers and/or users of other tobacco products and/or electronic cigarettes;

iii) they reside or stay in Greece; and

iv) they have full legal capacity (hereinafter the “Users”).

The persons that meet the above requirements and have created an account on the Website and at the E-shop have the right to make purchases through the E-shop or by telephone (hereinafter the “Customers”). Foodlink reserves the right to deny sale and/or delivery of Products to any person if it has any reasonable indication that such person violates the above terms.

1.2. Foodlink takes all reasonable measures for the protection of minors from the use of tobacco products, in general. The Website is exclusively addressed to persons that meet the requirements of the previous Article above, and its sole purpose is the provision of information on the products and remote sale of the Products at the User’s/Customer’s initiative, and it is not a recommendation or incitement for the purchase of a Product. The Products fall under the category of new tobacco products, under Law 4419/2016. Users gain access and use the Website on their own initiative and at their own responsibility, fully acknowledging and understanding the risk to their health.

1.3. Access and purchase of Products from the E-shop, as well as through telephone orders, are subject to these terms and conditions and to the Data Protection Policy of Foodlink (hereinafter collectively referred to as the “Terms and Conditions”) These Terms and Conditions form the contractual framework that governs the relationship between the Customer and Foodlink, at any given time. Foodlink asks Customers to read these Terms and Conditions carefully before visiting, navigating, or using the E-shop, or making any purchase through it. In the event of disagreement or reservation of the Customer about part or all of these terms, the Customer is invited to abstain from access to or navigation on the E-shop, or any other action on it, and from making any purchase through it. Otherwise the acceptance of all the Terms and Conditions is unreserved. In any case, continuing navigating on the E-shop and making purchases through it constitutes unreserved acceptance of all these Terms and Conditions on the part of the Customer.

1.4. The Customer must frequently visit both the Terms of Use concerning the Customer’s navigation on the general content of the Website (PART A. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE) and these Terms and Conditions concerning the organisation and operation of the E-shop, and the performance of electronic purchases through the E-shop and/or by telephone, as all of them may be amended from time to time, by merely being posted on the Internet (being in force as of the moment of their posting). Foodlink reserves the right (indicatively, and not exclusively):

a) to change at any time, without justification and without any prior notification to the Customer, part or all of these Terms and Conditions;

b) to renew or upgrade part or the whole content of the E-shop;

c) to renew or upgrade part or the whole of the interface, structure, or configuration of the E-shop, as well as its technical specifications;

d) to limit access to the whole E-shop or part thereof;

e) to cancel, suspend permanently or temporarily, or terminate the operation thereof;

f) to modify the Products offered for sale, to permanently or temporarily cease, or to cancel the sale of (some or all of the) Products of specific or all suppliers;

g) to change the manner of operation of the E-shop, and the charges; and

h) to post information for a specific period of time and/or until exhaustion of the stock, to make ordinary or extraordinary discounts, to carry out competitions, etc.

1.5. The E-shop offers the feature of using a product display tool per category. The automated tool is made available to the Customer exclusively for the Customer’s facilitation, without taking into account any additional criteria of the Customer, or any other parameters that may affect the Customer’s choice. Foodlink does not bear any liability for any damage that may be caused to a Customer or any third party as a result or on the occasion of taking into account information or results arising from the use of the product display tool per category.

2. Creation of an account at the Website as a prerequisite stage for the purchase of Products through the E-shop and/or telephone orders

2.1. For the conduct of any purchase of Products, it is required that an account has been created on the Website, as mentioned in Article 3 of the Terms of Use of the Website of Papastratos. Creation of an account is absolutely necessary for the fulfilment of the legal obligations of Foodlink (as seller) and Papastratos (as supplier/importer) in relation to the current laws, and for proving compliance with the current laws, ethics and policy of Foodlink and Papastratos with regard to the new tobacco products. To that end, and for the smooth operation and development of the use of the Website (which includes the display and posting of Products for sale by Foodlink), the User creates a User’s Account which is governed both by the Data Protection Policy of Papastratos and by the Data Protection Policy of Foodlink, as particularly provided for therein, and for the distinct purposes of each Processing Manager (Papastratos and FOODLINK). FOODLINK acquires access to the data of the User’s Account for the purposes of the E-shop, and in general, for the actions pertaining to the order placement and sale process through the E-shop. Creation of a User Account is a necessary prerequisite for navigation on the E-shop and for the dispatch of any order, and/or for the overall conclusion of a purchase through the E-shop and/or by telephone.

2.2. Accuracy of data submitted

Upon registration, the User enters the required data (and/or the optional data, should they so wish) referred to in Article 1.2 of the Papastratos Data Protection Policy. Those data must be entirely correct, true, accurate and updated, and the User must keep such data correct, true, accurate and updated while keeping the Account. FOODLINK acquires access to the data of the User’s Account for E-shop purposes, and in general, for actions pertaining to the E-shop order placement and sale process. In the event of subsequent change of any of such data, the Customer must notify Foodlink at contact@iqos.gr, or through the Website at the field “Support”, or at the telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider) within a reasonable period of time. In the event that the contractual or legal obligations of Foodlink are not timely and duly fulfilled because of the use of untrue, erroneous or non-updated personal data stated by the Customer, Foodlink shall not bear any liability. Moreover, the Customer bears full and exclusive liability for any loss or damage caused to Foodlink due to untrue, erroneous or non-updated data stated by the Customer. It should be stressed that any notification sent (as part of the fulfilment of the obligations of Foodlink arising from the sale) to the email address or another contact detail notified by the Customer while creating an account or while making their purchases at the E-shop, shall be deemed to be valid, even if it is not delivered to the Customer, due to an error in the data written by the Customer and/or technical or other failure of the Customer’s server, and/or telephone, and/or telecommunications provider, and/or due to change of the Customer’s data (provided that the Customer has not timely notified Foodlink in this regard).

2.3. Special Term of Identification for the delivery of the Products upon sale

The sale of the Products is subject to the express condition of inspection of the Customer’s identity details during delivery of the Products, in order to verify that the Customer, who must also be the recipient of the Product, is not underage. If identification is not possible, or if there is any doubt, Foodlink has the right to refuse to deliver the Products, to entirely cancel the sale by merely stating this at the delivery place of the recipient. It is expressly clarified that delivery to any person other than the one who submitted the order is not allowed (for reasons of safety and identification).

2.4. Protection of the codes of the Customer’s account

a) It is also necessary that the Customer creates a secret password, set by the Customer based on the safety rules of Foodlink applicable each time regarding password creation. With such password, the Customer will acquire access to the whole content of the Website, to their Account and to the E-shop, and they must always keep that password secret and safe.

b) In particular, Users shall bear full and exclusive liability for protecting the secret password that they have created and use for entering their accounts. The Customer must completely avoid revealing the password to other persons, so that any unauthorised access and use will be prevented (especially, but not exclusively, to any minors). Also, each Customer must promptly notify Foodlink if they have reasons to believe that

i) their secret password could or may have become known to a third party, or

ii) there is a risk that their password may be used without their licence.

iii) Customers shall bear full and exclusive liability for any action (act or omission) carried out through their account. Foodlink disavows any liability for damages arising from the use of a Customer’s account on the grounds of unauthorised access or use of the Customer’s account, provided that the Customer has not previously duly notified Foodlink at contact@iqos.gr, or through the Website at the field “Support”, or at telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider)

Creation of a Customer’s account allows the Customer to log onto the Website by using the secret password set by the Customer at the stage of creation of an account. Each Customer may change the personal data stored in their profile at any time by entering the part of the Website called “My IQOS™”.

2.7. Account Deletion – Termination of contract with Foodlink

i) The User has the right to deactivate his/her account at any time, at will, by pressing the Deactivation button. It should be noted that if the Customer has deactivated his/her account at the E-shop, then his/her account as a whole will be deactivated, and his/her general navigation on the Website will be impossible (from the point where registration of a User is required) since the existence of both accounts is a necessary condition for the proper and lawful organisation and operation of the whole Website, as provided for in Article 2.1 and in the Data Protection Policy. Following deactivation, the data of his/her account are kept for six (6) months. Within such time period, the User may activate hi/her account again. Otherwise, the data are deleted. If the User wishes his/her data to be deleted promptly, he/she must state so specifically by sending an email at contact@iqos.gr, or by calling at telephone lines 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider).

In any case, it is clarified that the deactivation or deletion of the account does not entail deletion of the User from the contact list of Papastratos.

a) These Terms of Use are of an unlimited term, and they may be terminated at any time by any party (Foodlink or Customer).

b) Foodlink may terminate these Terms at any time and without cause by sending a relevant email to the email address stated by the User and setting a reasonable deadline, after expiration of which the Customer’s account will be deleted.

c) Foodlink may also delete the Account of a User and/or deny access to the Website, for any reason. It is particularly entitled to take the foregoing actions on any serious ground, including, but not limited to the case where there is evidence of bad faith, illegal, or anti-contractual navigation and/or use of the Website (detected by it, or following a complaint by any third party).

In cases b) and c), the User’s data are kept for the purpose of ensuring that the same User will not register again on the Website.

It should be noted that the deletion of the Account for any reason inactivates access both to the broadened content of the Website and to the E-shop, since, as it has already been mentioned, the Account is necessary for further navigating on the Website as a whole, and is a necessary precondition for entering it further.

ii) In any case, it should be noted that each time that the Customer makes a purchase from the E-shop, a distinct, more specific sales agreement will be made, in accordance with Article 3.3. below, which will be governed by the specific terms of sale each time stipulated by the parties, based on the applicable (at the time of sale) Terms and Conditions.

3. Description of transactions – Terms and Stages of Conclusion of the Sale

3.1. Through the E-shop of Foodlink, Products of Papastratos and, in general, the Philip Morris Group of Companies are available for sale to customers. The E-shop is exclusively addressed to consumers (B2C).

It is clarified that for remote contracts, consumer means any natural person acting for reasons that are not attributed to its commercial, business, industrial, or freelance activity.

Special term on the sale: In order for any Customer to make a purchase from the E-shop or by telephone, they must cumulatively meet the requirements set forth in Article 1.1. above. Users who have not completed 18 years of age are expressly prohibited from carrying out any action on the Website and the E-shop and/or telephone orders. Upon placing an order, the Customer guarantees that all the details provided to Foodlink are true and accurate. Foodlink reserves its right to execute its contractual obligations from the purchase agreement vis-à-vis the Customer, in the event that the stated data that need to be identified upon delivery of the Product are not verified (identity and adulthood).

3.2. Foodlink, at its sole discretion, reserves the right to select the Products it will make available for sale in its E-shop, and to amend, renew, and/or withdraw them at any time, without incurring any liability, and without any prior notification to the Customers. The same applies to product prices, any offers and discounts that may be offered by it at its absolute discretion, which may be modified without penalty, without any prior notification to the Customer, based on the commercial policy it forms freely and at its discretion (obviously before signing a sales agreement with the Customer).

3.3. The Customer bears the responsibility for selecting the Product and placing a correct order thereof through the E-shop or by telephone. It is expressly highlighted that this Website is not a proposal for a contract towards the Customer, but an invitation for submission of a proposal by the latter. The contract is signed only if the Customer receives his/her order acceptance email, pursuant to Article 3.4. b) below. The stages of the procedure from the submission of the order by the Customer until the conclusion of the sales agreement between the Customer and Foodlink are the following:

a) Provided that he/she has already created an account, as provided for in Article 2 above, each Customer can navigate on the E-shop and select the Product in which he/she is interested out of the products appearing for sale. Then, he/she may add it to his/her shopping cart by pressing the relevant button, “Add to shopping cart”. Customers can, at any time, find details with regard to the content of their shopping cart (i.e. Products selected for purchase by the Customer at previous stages) and be informed about the cost thereof, as well as about the cost of dispatch (temporary data). Customers are also allowed to modify the contents of their shopping cart by deleting part or all of the contents, or by changing the quantities selected.

b) Customers can review the personal details (personal data and invoicing address) they had submitted while creating their Account. Customers may enter different data while making their purchases (e.g. delivery or invoicing address). However, THEY MAY NOT CHANGE THEIR IDENTITY DETAILS (full name and date of birth), since the process of verifying their age through written identification upon delivery of the Product is a necessary condition for delivery of the Products, as specified in these Terms and Conditions. Moreover, for the same reasons, they may not send the Products to a person other than the one who has created the Account.

c) Then, Customers will be informed about how the Product will be sent, and about the time limit for delivery of the Products (depending on the place of delivery thereof). Customers can also submit any comment they wish to Foodlink.

d) Then, Customers see an overall review of their order, based on all the data entered, under a-c) above, and, if they wish to submit the order, they will press the button “Order Conclusion”. In order for the order to be dispatched, the Customer must first read carefully and accept the Terms and Conditions, as set forth in Article 1.3 above. The Customer, thus, submits a proposal to Foodlink for the conclusion of a contract of sale of the Products he/she has selected.

3.4. a) As soon as the Customer’s order placement procedure is concluded, Foodlink will send the Customer an automated email for order confirmation. The order confirmation or the notification about any problem may be carried out by telephone or by SMS. Until the Customer receives the order confirmation message and/or the relevant telephone call, he/she may make any correction to the order by calling at the telephone numbers 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider). By the message above, Foodlink accepts the agreement proposal submitted by the Customer, and thus, the agreement between the Customer and Foodlink is concluded only when Foodlink sends the message by which it confirms that it accepts the Customer’s offer.

b) In any case, it is agreed that the time limits set forth in these terms commence as of the date when the above order confirmation email (Article 3.4 a) is sent, regardless of when the Customer will actually read the email.

3.5. Then, the Customer will be notified by email when the Product is given for delivery to the courier company, which will also include the necessary details in order for the Customer to be able to check the progress of delivery of his/her order.

3.6. Should any problem occur with regard to the order or the delivery times as set forth above, the Customer will receive relevant information by email or by telephone.

3.7. Telephone orders are also governed by these terms and conditions. A necessary condition for telephone orders is the creation of a User’s Account, in accordance with what is expressly stated above. After the telephone order is received, the aforementioned order confirmation email (Article 3.4. a) will be sent to the email address stated by the Customer, otherwise, no later than the time of delivery of the Product, in accordance with the statutory procedures. It should be noted that the telephone centre will be open for telephone orders Monday – Sunday, 9:00 – 21:00 at telephone numbers 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider).

Thus, upon placing a telephone order, the Customer will give the company a valid email address, in order to receive the communication provided for by law with regard to the order confirmation and development, as set forth in Articles 3.4. – 3.6.

3.8. For the order to be concluded (both at the E-shop and by telephone), Customers, by accepting these terms, will consent to Foodlink processing their personal data, in order to receive the foregoing communication by Foodlink about their order and the development thereof. Foodlink shall not be liable in the event that the Customer receives deficient information about the development of the order, due to an error or due to non-accuracy of the contact details that the Customer had stated to the Company.

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. This means that the Customer will not bear any additional cost for payment on receipt, and for the dispatch of the Products. The Customer may order a maximum of two (2) units of the product in a promotional pack “IQOS Ready To Go Kit Navy Blue ”, two (2) units of the product in a promotional pack “IQOS Ready To Go Kit White” and ten (10) units per product code for all the remaining products. The maximum limits can change, and in any case, the limit presented as the maximum limit of purchase for each product code on the Website at the time of the order shall apply. Foodlink reserves the right to change its commercial policy regarding the cost of delivery and the payment methods, at any time, without penalty and without warning, notifying the Customer, of course, before the conclusion of any purchase.

5.2. Foodlink, in general, reserves the right, which is accepted by the Customer, to freely set the prices of the Products, to modify, and change and/or withdraw offers at any time, without prior notice to the Customer, who will be informed of the current price each time by the relevant post on the E-shop (and such price will, of course, apply to future purchases). Even though Foodlink maintains due diligence to make sure that all the details, descriptions and prices appearing on this Website are accurate, errors may occur.

6. Payment arrangements

For purchasing Products through the E-shop, the anticipated payment method is either a) payment (only in cash) upon delivery of the Product (the permissible limit for payment of the price in cash is the one each time stipulated by the legislation), or b) by credit or debit card when that option becomes available on the Website. In any case, Foodlink reserves the right to change the payment arrangement method and to add or amend the processes, without prior notice to Customers, who will be informed about the payment methods each time in force, from the relevant post on such methods on the E-shop, before the conclusion of each agreement

In the event of payment of the price by credit card, this may be carried out with the cards that are acceptable by the E-shop. If the Customer selects credit card as method of payment, the process will be carried out and concluded through an acknowledged bank institution, offering, as stated by it, all the safety guarantees for electronic payments. The collection and processing of the payment data submitted by the Customer is carried out only by the cooperating financial organisation which is exclusively responsible for processing thereof for the conclusion of the payment. For any problem that may arise during payment by credit card, the payment service provider will be responsible. Foodlink does not store and does not process the data of the Customers’ cards. Foodlink may also reject the Customer’s order or rescind the sale at any time if it is established or speculated that there is any problem in relation to the data of the card. It goes without saying that the Customer shall bear the full and exclusive liability for properly entering and completing the data of their card in the payment system.

7. Delivery arrangements

7.1. The Products purchased by the Customer through the E-shop will be delivered by a courier company, regardless of the total weight or volume of the Products purchased. Foodlink reserves the right to change its product delivery policy at any time, notifying the Customer before the conclusion of each agreement, and only for future agreements.

7.2.Products can only be delivered within Greece, as delivery of Products abroad is not possible.

7.3. The Customer shall not bear the delivery fee. Foodlink reserves the right to modify the arrangements and the terms of delivery of the Products, even by adding a delivery fee charge, notifying the Customer before the conclusion of each agreement, and only for future agreements.

7.4. After the product is delivered to the courier company by Foodlink, the dispatch of the product will be scheduled, and the Product will be sent within the time period set by the courier company, depending on the delivery address.

In particular, the following apply (the following time limits commence from the time when the email confirming the order is sent to the Customer):

Order confirmation e-mail sent by Delivery Time Destination

12:00

On the same day <19:00

Attica Zones On the same day(see Attachment Table)

16:00

Following Business Day

Attica, Thessaloniki, Urban Centres, Land Province, Crete Central Destinations

16:00

after 1-2 business days

Rest of Greece & Insular Destinations

16:00

3-4 business days

Inaccessible areas(see)

It should be noted that the date of delivery of the Products may change for reasons of force majeure or unforeseeable incidents beyond the influence and the control of Foodlink. In this case, Foodlink will communicate with the Customer, in order to give him/her relevant information.

7.5. Foodlink shall not bear any liability in the event that the employee of the courier company appears within the above time limits, but does not manage to deliver the product, due to the absence of the Customer. In such a case, the courier company employee will leave a dispatch notice at the stated delivery address, and then the Customer will be also informed (by telephone and/or by email) by Foodlink about the unconcluded execution of the order.

7.6. SPECIAL TERM ON THE SALE & DELIVERY OF THE PRODUCTS: In any case, the Customer must appear in person for the delivery of the Products, and have the proper identification documents, demonstrating the Customer’s identification with the person that keeps an Account (as set forth in Article 2), as well as the Customer’s age. Otherwise, the courier company, acting as the agent of the Company, will refuse to deliver the Product which will be returned to Foodlink and the sales agreement will be automatically cancelled ex tunc, since the identification and age check is a necessary condition for the delivery of the product, without the stipulation of which the sale would have never been concluded (legal transaction foundation).

7.7. Release of Foodlink from its liability with regard to the delivery arrangements.

Foodlink cannot guarantee the proper and timely delivery of the Products to the purchaser when the delivery is carried out by a courier company (in which case there may be some differentiation as to the delivery time), in cases of unforeseeable weather conditions, strikes, etc. Foodlink shall not bear any liability for the delivery fee, or any change thereof, which will be notified to the customers by the courier company, for reasons relating to the courier company (the Customer may be charged with any safekeeping fee by the courier company for non-receipt of the product on the delivery dates mentioned above).

7.8. If it is required that the delivery be carried out on or by or after a specific deadline, Foodlink stresses to its customers that they must state this in the space where the Customer can write their comments on their order (Article 3.3 c above). However, Foodlink does not undertake to carry out the delivery within the above deadline, and it will notify the Customer in this respect by email or by telephone.

7.9. Foodlink reserves the right to make any amendment to the above delivery arrangements, at any time, without penalty, and without prior notice to the User, notifying the User upon placement of the order (which will be valid for future agreements). It goes without saying that Foodlink reserves the right to replace the courier company with which it cooperates, at any time, at its discretion.

8. Rescission (exclusively for natural persons with the capacity of consumer)

8.1. Legal right of rescission

α) Provided that the Customer is a natural person acting (only) as a consumer, he/she may rescind this agreement without providing any explanation, without prejudice to the conditions of Article 8.3 below, by stating this to Foodlink within 14 days from
- when the Customer acquired the physical possession of the goods, or
- in the case of an agreement pertaining to a series of products ordered by the consumer in a single order and are, however, to be delivered separately: when the Customer acquired the physical possession of the last product.

In order for Customers to exercise the right to rescission, they shall notify Foodlink by any reasonable means about their decision to rescind this agreement within 14 days, including a clear statement of rescission (indicatively):
- letter by post or courier
- by telephone to 800 111 4767 (free of charge from a landline phone) or to 210 4193888 (charge depending on the telecommunications provider)
- by email to contact@iqos.gr
by completing the template on the Website
If the statement of rescission is sent by email, Foodlink will forward to the Customer, without delay, by fixed means (e.g. electronic mail), a confirmation of receipt of the Customer’s rescission. However, according to the law, the consumer bears the obligation to prove the exercise of the right of rescission.

In order for the Customer to comply with the deadline for rescission, and in order for the exercise thereof to be legal, the Customer must notify Foodlink, as above, within 14 days, and return the product within 14 days from notifying the supplier about the exercise of rescission.

8.2. Additional Right to Return of Products

Foodlink, securing its Customers even further, in addition to the above legal right to rescission, will accept the return of a product, provided that the Product is returned within 30 days from the time when the Customer acquired physical possession, as provided for above

In any case, for the return to be accepted as above, it is enough that the date on which the Product was sent by the Customer (certification by the courier company or by the Hellenic Post) is within the 30-day deadline.

t should be noted that this term is a right additional to the legal right to rescission which is granted by Foodlink to the Customer, at its own initiative, and, therefore, it may amend and/or revoke it at any time.

8.3. Customer’s obligations for the return of the Product, in the context of rescission or the additional right to return.

a) The Customer must send the Products back, or deliver them to Foodlink by dispatch or delivery to the following details: FOODLINK FOOD REPRESENTATION AND DISTRIBUTION SA, with the distinctive title FOODLINK SA, having its registered office in Aspropyrgos, at the site Lakos, Kamatero, with telephone number 210 5517821, fax number 210 5596411, within the 30-day deadline.

b) The Customer shall bear the direct product return cost. The cost depends on the price list of the relevant courier company selected by the Customer.

c) The Customer is liable under the 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 operation thereof. It should be noted that for the purpose of determining the nature, the characteristics and the operation of the Products purchased by the Customer, the latter must handle and examine them in exactly the same manner the Customer would be allowed to do so in a shop, and no more than that.

d) For a return to be accepted, the Product sent by the Customer to be delivered by Foodlink must (cumulatively):
- be in the condition in which it was when received (without prejudice to paragraph c above),
- if its initial packaging has been opened, it must be intact, without any damage and tears, and it must be returned, along with the Product,
- be full,
- bear with it all the documents that accompanied the product. In the event that the Product is not accompanied by its documents, Foodlink will not be able to identify the product with a specific order.

i) A personalised product (e.g. identifying initials have been overtly inscribed, the IQOS base contains a different lid from the original lid of the packaging, etc.) may not be returned on the grounds of rescission or an additional right to return.

j) Also, an individual pack of HEETS tobacco bars may not be returned. Only the return of a box containing ten (10) HEETS packs is allowed, provided that the box has not been opened and/or damaged in any other manner.

8.4. Consequences of rescission and/or the additional right of return – Money return

If the Customer rescinds this agreement on the basis of Article 8.1 or returns the Product based on the additional right to return under Article 8.2. (and provided that all the conditions set forth in Article 8.3. d are met), Foodlink will return to the Customer all the money it received from them (subject to any value impairment), without undue delay. Foodlink has the right to delay the return of the money until it gets the Products back.

In the event that the order concerned more Products and only part thereof is returned, or only part thereof meets the conditions set forth in Article 8.3. d), it goes without saying that the money returned will duly correspond to the part of the Products returned.

b) The Customer expressly agrees that Foodlink will return the money by depositing it into a bank account indicated to it by the Customer. To that end, in the rescission form, the Customer must complete the IBAN number of the bank account to which they wish the return deposit to be made. The Customer must enclose this form in the package of the Product to be returned either by post or by courier. Customers must notify accurate data to Foodlink, and accept that the deposit of the money to the account they have notified to Foodlink releases Foodlink from its obligation to return the money, as above.

9. Products with actual defects or lack of agreed features

9.1. Foodlink shall exert all reasonable efforts to deliver to the Customer the Product ordered by the Customer, which shall bear the agreed features and will be without any actual defects, in accordance with Article 534 of the Civil Code. However, in the unlikely event that the Customer receives a product with defects, or if any other problem arises (other than the case of undue rescission, see above Article 8 which applies, provided it concerns a consumer and is within the time limit indicated above), the Customer must promptly contact Foodlink at the telephone number 800 111 4767 (free of charge from a landline phone) or 210 4193888 (charge depending on the telecommunications provider), or send an email at contact@iqos.gr, in order to settle this issue.

9.2. If it is indeed a defective product, or a product lacking the agreed features, and provided that the Customer notifies Foodlink within the period stipulated by the guarantee and/or the law, then, in this case, Foodlink will agree with the Customer on the manner in which it can be fixed or perhaps be replaced by another product, unless such an action is impossible or requires disproportional expenses. In any case of liability of Foodlink for an actual defect or lack of an agreed feature, the Customer, in addition to the foregoing right, shall also have the right to ask for a reduction of the price, or to rescind the agreement, unless it is a minor actual defect.

10. Guarantees

10.1. 10.1. The guarantees for the Products (in the cases where they are provided) are provided by the supplier company/importer of the Products, Papastratos SA. It should be stressed that other than the guarantees provided by Papastratos, Foodlink shall not provide its own guarantee or extension thereof. During the validity term of the guarantee, under the terms provided for by Papastratos, the Customer must produce the receipt of purchase of the product. Otherwise, the guarantee cannot be provided. It should be noted that the guarantee term is exclusively proven by the date indicated on the receipt of purchase of the Product.

10.2. It is clarified that the alternating current transformer, the USB stick, the IQOS cleaning tool, the IQOS cleaning sticks, and the IQOS covers are not covered by a guarantee.

11. After-sale Customer support services

Foodlink shall exert all possible efforts to fully satisfy the Customer. In the event that any problem arises with regard to the Products after the sale thereof, the Customer can call the telephone numbers 800 111 4767 (free of charge from a landline phone) / 210 4193888 (charge depending on the telecommunications provider), which operate between 09.00 - 21.00.

12. Limitation of Liability of Foodlink

12.1.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 the guest. In addition to what is expressly mentioned in these terms, to the maximum extent allowed by the Law, Foodlink shall not bear any obligations and guarantees which it has not expressly undertaken itself.

12.2. Liability from the Sale: Foodlink bears the responsibility of fulfilling the sale as provided for in the Civil Code, and as specified in this agreement and the law on remote contracts and consumer’s protection. It is not liable for any direct, indirect, special, accidental, consequential damages of the purchaser, or for any loss of profit, or for damage to the fame, the clientèle, or the reputation of the purchaser, or for the cost of provision of substitute products and services, which arise from or relate to the sales agreements made in this E-shop, or from the use, failure of use, or operation, or infelicities of this Website. It is also not liable in the case the Customer is entitled to the return of part or all of the price for any delay on the part of the cooperating payment service providers for the execution of the relevant order timely given by Foodlink. Foodlink guarantees that the pages, services, options, contents, prices, descriptions, and availability of the products will be provided without interruption, and without errors.

12.3. Foodlink shall not bear any liability for any loss or damage that may be caused by an attack involving denial of service, viruses, or other technologically harmful material which may contaminate your material, software, data or other property material, due to using this Website or downloading any material posted on this Website or on any Website associated with it.

12.4. Foodlink and its associates exert their best efforts, in the context of technological inspections regularly carried out by them, so that the services, the content and the transactions are executed smoothly, and without any interruption, and that the highest standard of security is maintained. However, it shall not be liable in the case that, for any reason, including the case of negligence, the operation of the E-shop is suspended, or access to it becomes difficult and/or impossible, and/or if, despite the safety measures implemented, viruses or any other harmful software are detected and transferred 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 use thereof difficult, or causing problems to the proper operation thereof, or intercept details concerning the users’ personal data. Moreover, it shall not be liable in the case of suspension of 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.

12.5. Foodlink exerts due diligence so that the photographs of the Products appearing on the E-shop, as well as any videos posted on the E-shop, depict the actual state of the Products, to the extent possible. However, in any case, the Customer accepts that the Products appearing on 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. Foodlink 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. Foodlink does not guarantee the accuracy or reliability of any information or content regarding any products, software, or advertisements included in the E-shop, as well as of the content of third parties to which the Customer is referred through hyperlinks from the E-shop, or to which the E-shop provides access.

12.6. Liability for any other damage (beyond sale): In any case, for any other damage sustained by the Customer as a result of using or navigating on the E-shop, Foodlink disavows any liability for any consequential, possible and indirect damages, or for escaped 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 its Websites and/or the Applications, or the content thereof, or from the inability to use the Websites/Applications, the inability to participate in any tendering procedure or offer, and/or the inability to purchase or send any item or product relating to its Websites and Applications, 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, based on the applicable laws, or in another manner. In any case, however, and provided that any damage is due to the proven fault of Foodlink, 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 Website Customer in their entirety as being valid and consistent with good faith and transactional practices, apply.

12.7. The Customer uses the E-shop and acquires access to the content posted on it, on his/her own initiative and at his/her own exclusive responsibility, having full knowledge of the fact that the Website contains tobacco products. The Customer agrees to compensate, defend and release Foodlink, 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 by 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 User must promptly notify Foodlink at contact@iqos.gr if the User has become aware or has reasonable suspicion or indications that the Website has been used in an illegal or anti-contractual manner by the User (even due to the User’s negligence) or by any other person, so that Foodlink will be able to take the necessary measures for the purpose of limiting any damage.

12.8. It should be noted that Papastratos is not a contracting party to the Product sales agreements between Foodlink and the Product purchasers carried out through the E-shop. It, therefore, bears no liability for the fulfilment of the contractual obligations of Foodlink, or for any other issue that may arise as a result or on the occasion of the purchase of a Product through the E-shop. For any issue that may arise in relation to, or as a result or on the occasion of the Product purchase agreement through the E-shop, the User must exclusively address FOODLINK, at the following contact details 800 111 4767 (free of charge from a landline phone) or 210 4193888 (charge depending on the telecommunications provider). In the event that any User, by mistake, contacts Papastratos for any issue in relation to the E-shop, Papastratos will forward the message to FOODLINK, or will directly inform FOODLINK.

13. Access permission, access and use of the E-shop

13.1. The E-shop is addressed to Customers that have acquired a User Account and cumulatively meet the requirements of Article 1.1. above. The Customer is granted a non-exclusive permission of access and personal use of the E-shop, for the purposes specifically detailed in these Terms and Conditions. This permission shall by no means entail permission to take up or amend the E-shop or any part thereof, which can only be allowed with the written permission of Foodlink. Such access permission granted to the Customer does not allow any resale or commercial use, reproduction, creation of copies, copying, transmission, announcement, placement on the market, amendment, or assignment of permission, or any other manner of exploitation of the E-shop or its content, any collection and use of any lists, descriptions or photographs of products, any derivative use of the E-shop or its content, any receipt or copying of account details for the benefit of a trader, or any use of data extraction tools, robots, or similar data collection and extraction tools. Use in any manner, or another kind of exploitation of the E-shop and its content for professional or commercial purposes is prohibited. Moreover, all the trade names appearing on the E-shop are duly subject to legal protection.

13.2. Use of the E-shop is allowed only provided that the Customer acts in a fair and lawful manner and abstains from any action that causes harm to the reputation of Foodlink, or from any unlawful exploitation thereof. The Customer is also prohibited from creating any connection that insinuates any kind of relationship of the Customer or a third party with Foodlink, or approval or support by Foodlink where there is none. It is not allowed that the E-shop be placed in a frame on any other website, and, in any case, the Customer is prohibited from creating any link to any part of this Website other than the homepage. Foodlink reserves its right to remove the connection permission without justification, without penalty and without any prior notice to the Customer.

13.3. Customers 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 Website of Foodlink and its associated companies, as well as the companies of the Philip Morris Group, without their written consent. Customers are not allowed to use any “meta-tags” or any other “hidden text”, based on trade names or trademarks of Foodlink or its associated companies or companies of the Philip Morris Group, without their written consent. In the event of unauthorised use, the licence granted by Foodlink shall cease to be effective.

13.4. It is highlighted that impeding the operation of the E-shop and replacing or amending its content (images, photographs, texts, etc.) is prohibited. Commission or facilitation of criminal offences in any manner, transmission of viruses, trojans, worms, logic bombs, and any action, in general, that may lead to an unaccepted or extensive encumbrance of the infrastructure or the operation of the E-shop is prohibited. Users must comply with the privacy obligations, while they must abstain from using the E-shop in a vulgar, offensive, illegal or obscene manner.

13.5. Additionally, the Customer may not destroy data, cause discontent to other Users, violate the property rights of other persons, send unsolicited advertising or promotional material, commonly known as “spam”, or try to influence the performance or functionality of any E-shop features or features to which the Customer gained access through the E-shop. The violation of this provision is a criminal offence, according to Greek law. Foodlink informs its customers that it will notify the competent authorities of any such violation that may come to its knowledge. It will also notify the Authorities of any data requested, in accordance with the requirements of the law.

13.6. The Customer uses the E-shop at his/her full and exclusive responsibility. The Customer’s connection with the E-shop is carried out under these Terms and Conditions, with the Customer’s means, and through companies and providers selected by the Customer.

13.7. The E-shop is linked through hyperlinks to other Websites which are not related to Foodlink, and whose content is not controlled by the latter (the “Linked Websites”). Therefore, Foodlink does not guarantee that the content posted on the Linked Websites is correct, legal, complete, updated, true, accurate, or of good quality, and does not bear any liability for it or for any loss or damage that may be caused as a result or on the occasion of the use thereof, or as a result or on the occasion of the sales of Products through it. Similarly, Foodlink cannot check the collection and processing of the users’ personal data by the Linked Websites, and, therefore, it does not bear any liability in relation to such collection and processing. When the Customer uses the Linked Websites, the Terms and Conditions, as well as the Data Protection Policy of each website shall apply accordingly. With regard to any issue that may arise indicatively in relation to the content or the use of a Linked Website, the User is invited to address directly the owner or administrator of each Linked Website. Papastratos by no means embraces or accepts or approves the content or the services of the Linked Websites to which the User is referred through hyperlinks.

14. Intellectual Property, Software, Content and Trademarks

14.1. The intellectual property rights over the software and on the content of the E-shop belong either to Foodlink or to Papastratos SA, or to associated companies, or to companies of the Philip Morris Group, or to the lawful beneficiaries (), and are protected by the applicable laws on intellectual property rights. The Customer has no licence or consent to use, in any manner, the trademarks appearing on the E-shop, or the trademarks belonging to third parties-legal persons (manufacturers of the products available for sale by Foodlink). Moreover, all the trade names appearing on the E-shop are duly subject to legal protection.

14.2. The appearance and display of the E-shop content may not be taken as transfer and/or assignment of a licence and/or a right to use thereof. The Customer may store, print and display the available content exclusively for personal use. Publishing, managing, selling, distributing, copying in whole or in part, transferring, altering, storing, republishing, amending, or reproducing in any other manner, creating copies in any form, or exploiting the E-shop in any other form, or any part of the content or copies of the content that appear on the E-shop for any commercial purpose, without the written consent of Foodlink, is prohibited. Users are also not allowed to amend, translate, decompile, reconstruct, or create derivative works by using any software or accompanying documentation offered by Foodlink or its licensors.

14.3. Customers 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 E-shop and its associated companies, without the written consent of Foodlink. Customers are not allowed to use any “meta-tags” or any other “hidden text” based on trade names or trademarks of Foodlink or its associated companies, without its express written consent. The Customer is not allowed to extract and/or reuse parts of the content of the E-shop, without the written consent of Foodlink. Moreover, the Customer is not allowed to use any data extraction tools, robots, or similar data collection and extraction tools, for the purpose of extracting any content (whether once or many times), or to reuse any substantial parts of the E-shop, without the written consent of Foodlink. In the event of unauthorised use, the licence granted by Foodlink shall cease to be effective.

15. Applicable Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Greece. The Customer and Foodlink, upon acceptance of these Terms and Conditions, agree to be subject to the exclusive jurisdiction of the courts of Athens, Greece.

16. Final provisions

16.1. The above Terms and Conditions bind the parties (Foodlink and the Customers) collectively, and constitute, as a whole, the whole contract of the parties, and prevail over any and all previous and current contracts between the Customer and Foodlink. The information mentioned on the website of Foodlink is an integral part of the agreement and shall not be changed without an express agreement between the contracting parties (e.g. express agreement through the exchange of emails between Foodlink and the Customer about changing the product delivery place).

16.2. 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. In any case, to the extent that this is feasible, one term/sub-term or part thereof may be taken into consideration separately, in order for the remaining part to become valid. The term will be construed accordingly. Otherwise, the parties agree that the term must be repaired and it will be construed in a manner that approaches the original meaning of the term/sub-term to the greatest extent, in accordance with the law.

16.3. Any delay in the parties’ exercising some or all of the rights stemming from these terms shall not result in the weakening or waiver of such right, which may be exercised at any time, at a later stage, at the reasonable judgment of its holder.

16.4.The headings contained in these terms and conditions are set for reference purposes alone, and shall not affect the meaning or interpretation thereof.

16.5. Alternative dispute resolution: According to Directive 2013/11/EU, which was incorporated in the Greek legislation through Joint Ministerial Decision 70330/2015, there is now provision for the option of online dispute resolution for consumer disputes, with the process of Alternative Dispute Resolution (ADR), throughout the European Union. If the Customer has the capacity of consumer (i.e. a natural person not acting in a professional capacity) and has any problem with a purchase made by the E-shop of Foodlink, the Customer 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 arising from Internet purchases to an online dispute resolution process.

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 URL http://www.synigoroskatanaloti.gr/.

It should be noted that a necessary condition for consumers to appeal to the Alternative Dispute Resolution process is that they have previously notified their problem to the email contact@iqos.gr, seeking a solution. According to the law, the ADR process is not binding for the parties, which may depart from it at any time. The consumer can 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 can visit the website http://www.efpolis.gr/el/epanorthosi-askisi-dikaiomaton/79-exodikastiki-epilisi.html

Data Protection and Privacy Policy of Foodlink

Foodlink prioritises respect for the E-shop Customers’ personal data and adopts the reasonable measures for complying with the current laws on protection of the users’ personal data. Full information about the collection and processing of the Customers’ personal data by Foodlink is provided below.

1. Information for the purposes of collection and processing of the users’ personal data

1.1. Creation of Customer’s Account

In order to navigate the whole content of the Website, which includes both content from Papastratos and posting of Products for sale by the collaborating third party, Foodlink, which sells the Products through the E-shop of the Website by virtue of an agreement of collaboration with Papastratos, as well as for any purchase of Products, the creation of a User’s Account is required. Creation of an Account is absolutely necessary for the fulfilment of the obligations of Papastratos (as a supplier/importer and manager of the Website), as well as of Foodlink (as a seller of the products through the E-shop of the Website), both in relation to the contractual relationship between them and based on the current laws on distribution of the Products. Also, those data are necessary for demonstrating compliance with current law, as well as the ethics and policy of Papastratos and Foodlink with regard to the Products. To that end, and for the smooth operation and development of the use of the Website (which includes both the display of content by Papastratos and the display and posting on the E-shop of Products for sale by Foodlink), the User creates a User’s Account, as specified below, which is governed both by the Data Protection Policy of Papastratos and by the Data Protection Policy of FOODLINK, as particularly provided for below, and for the purposes of each Processing Manager (Papastratos and FOODLINK). However, it should be noted that upon registration of the data, two databases are created, each one for the processing purpose of each Processing Manager, and the User acquires, at all times, a total image of the data of his/her Account through the Website. Furthermore, each Processing Manager acquires access to the data for the purposes for which they are intended. The creation of a User’s account in the above manner is the basis of the above, a necessary precondition, both for navigating the wider, whole content of the Website and for navigating the E-shop, for sending any order and/or, in general, concluding a purchase through the E-shop or by telephone. 1.2. During the creation of a Customer’s account, the Customer enters the data referred to in Article 1.2 of the Papastratos Privacy Policy.

While submitting an order, Customers can review the personal details (personal data and invoicing address) they had submitted while creating their Account. Customers may enter different data while making their purchases, but only with regard to their individual data (e.g. delivery or invoicing address). However, THEY MAY NOT CHANGE THEIR IDENTITY DETAILS (full name and date of birth) since the process of verifying their age and identity is a necessary condition for delivery of the Products, as specified in Part B - Terms and Conditions of Foodlink. Moreover, for the same reasons, they may not send Products to a person other than the one who has created the Account.

1.3. Processing purpose

FOODLINK acquires access to the data of the User’s Account for the purposes of the E-shop, and in general, for the actions pertaining to the order placement and sale process through the E-shop. The data requested as required data are collected by the User while creating a User’s Account, and are the necessary, pertinent and available data in order for Foodlink to take any reasonable additional measure for protection and for ensuring, to the extent possible, that no minors will navigate the whole of the content of the E-shop and make any purchases. In particular, those data are necessary for the fulfilment of the legal obligations of Foodlink in relation to the current laws on the Products, as well as for demonstrating compliance with the current laws, ethics, and policy of Foodlink for the protection of personal data and the prohibition of sale, advertising and promotion of products to minors, and in order for the User to be able to navigate the E-shop and to further view the Products posted on it. They are also necessary for the fulfilment of the sale agreement with Foodlink, the overall conduct of transactions between Foodlink and the Customer, the communication of Foodlink with the customer for the conclusion of the Customer’s orders, the arrangement of special issues with regard to the order, the pricing, the facilitation and safety of deliveries, the customer’s briefing on the progress of his/her order, the fulfilment of the customer’s requests, and the dissemination of newsletters by email in relation to the Products sold by Foodlink (and only provided that Products are sold to the User). Foodlink also processes personal data of customers for the fulfilment of the contractual obligations of both parties pertaining to the agreement of collaboration between Foodlink and Papastratos.

2) Rights of Customers - data subjects

Foodlink notes that the user retains the legal right of information under Article 11 of Law 2472/1997, the right of access to his/her data, i.e. the right to know whether personal data concerning him/her are or have been subject to processing under Article 12 of Law 2472/1997, as well as the right to pose any objections against processing of data concerning him/her, in accordance with Article 13 of Law 2472/1997. The user may deactivate his/her Account at will at any time, in which case, his/her personal data (except for those which have become anonymous and/or must be kept for the fulfilment of any legal obligation of Papastratos) will be deleted.

In the event that the User, by mistake, exercises his/her rights that pertain to the Database of Papastratos, Foodlink will promptly forward the relevant request to Papastratos and will notify the requesting User by email in this regard.

3) Recipients of the data

Foodlink announces only those personal data of the user that are necessary for the execution of its agreement of collaboration with Papastratos and FOODLINK, as well as for reasons of operational or computerised organisation, or for reasons provided for by the laws (both special laws on tobacco products and laws in general), and for reasons relating to the legal and/or commercial guarantee, but also to the safety and proper operation of each Product and the supply of after sales services at the Customer’s request, based on the unique bar-code number that identifies each Product. Also, Foodlink uses subcontractors for the operation and management of the E-shop, the conclusion and execution of the transaction with the Customer, Customer service, data storage, and in general, for the fulfilment of its obligations, to whom it will announce only the personal data that are necessary for the fulfilment of their services and obligations as persons executing the Processing of Foodlink.

Should Foodlink receive a request from a competent Administrative Authority, a Public Prosecutor, a Court or another Authority, it may need to forward those data to such Authorities (with or without prior notification to the Customer) based on the relevant provisions of the law.

4) Personal Data Security: All of the Customer’s data and information are governed by the principles of secrecy of (electronic and non-electronic) communications and commercial transactions, and Foodlink takes suitable and reasonable safety measures for protecting and safeguarding the secrecy thereof. All of the data submitted by the Customer to Foodlink are exclusively managed by specifically authorised staff of Foodlink, controlled by Foodlink, and only at its direction. In carrying out the processing, Foodlink selects persons with relevant professional qualifications, offering adequate guarantees in terms of technical knowledge and personal integrity with regard to keeping the secrecy. The Customer also acknowledges and accepts that Foodlink has the right to use subcontractors for the supply of its services (e.g. courier companies, help desks, hospitality, etc.), and Foodlink states that the subcontractors fully comply with the relevant professional qualifications, technical knowledge and personal integrity required by the law for safeguarding the secrecy of personal data processing. Given that during creation of an account the Customer chooses the code he/she will use in order to have access to the account, he/she is also obliged not to disclose the code to third parties, for safety reasons, and to change it regularly. Foodlink reserves its rights for any damage it may suffer due to wrongful breach of the above obligations of the Customer of its E-shop.

5) Express statement

By accepting this Data Protection and Privacy Policy of Foodlink, the Customer states that he/she has received full and extensive information from Foodlink, as above, about all the data provided for by the law, and that he/she is aware of his/her legal rights, which may be exercised at any time, addressing the Processing Manager at the following contact details:

Processing Manager

Foodlink, with the trade name FOODLINK FOOD REPRESENTATION AND DISTRIBUTION SA and the distinctive title FOODLINK SA, having its registered office in Aspropyrgos, at Thesi Lakos Rd, Kamatero, with TIN 094509258, Athens Tax Office for Commercial Companies, with telephone number 210 5517821 and fax number 210 5596411, is responsible for managing the Customer’s personal data. For any query, question or request, or for the exercise of its rights as above, with regard to the subject data, the Customer can contact the Processing Manager at the above contact details.

For the rest, all the terms included in Part B-Terms and Conditions of the E-shop, which form a single and integral whole along with this Policy, shall apply.

 

PMI CONSUMER PRIVACY NOTICE

We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.

Please also read our terms of use relating to the service you are interested in. They provide more information about the way we do business, and any restrictions on eligibility that may apply.

Who are we?

We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.

Find out more…

  • PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”. 

  • PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you. 

  • PMI product: means a product of ours or of another PMI affiliate. 

How do we collect information about you?

We may collect information about you in various ways.

  • You may provide us with information directly (e.g. filling in a form, or making a call to us). 

  • We may collect information automatically (e.g. when you use a PMI app or website). 

  • We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter). 

In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).

Find out more…

We may collect information that you provide directly. Typically this will happen when you:

  • sign up to be a member of our databases (this could be, for example, in person, via app, or online); 

  • purchase PMI products or services at a retail outlet; 

  • download, or use, a digital touchpoint (e.g. an app or a website); 

  • contact us through a touchpoint, or by e-mail, social media or telephone; 

  • register a device with us; 

  • subscribe to a PMI panel portal; 

  • register to receive PMI press releases, e-mail alerts, or marketing communications; 

  • participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or 

  • attend an event that a PMI affiliate has organised. 

We may collect information about you automatically. Typically this will happen when you:

  • visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology); 

  • attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology); 

  • communicate with us (for example, through a touchpoint; or social media platforms); 

  • use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or 

  • make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products). 

We may also collect information about you automatically through the use of cookies and similar tracking technologies on digital PMI touchpoints. The specific cookies and technologies used will depend on the PMI touchpoint in question. To learn about the cookies (including Google analytics cookies) and similar technologies used on a touchpoint, including how you can accept or refuse cookies, please see the cookie notice made available on or through that touchpoint.

Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.

We may also collect information in other contexts made apparent to you at the time.

What information about you do we collect?

We may collect various types of information about you:

  • information necessary to fulfil your orders 

  • information necessary to provide warranty services 

  • information you give us in forms or surveys 

  • information about your visits to our outlets and events 

  • information you give us in calls you make to call centres 

  • information about your preferences and interests 

  • information necessary to verify your age 

find out more…

Information that we collect from you directly will be apparent from the context in which you provide it. For example:

  • if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order; 

  • you may provide information on your product preferences and interests so that we can offer you products and services that will interest you; 

  • if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details; 

  • we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image. 

Information that we collect automatically will generally concern:

  • details of your visit or call (such as time and duration); 

  • in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make; 

  • your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and 

  • your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device). 

Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.

For what purposes do we use information about you, and on what legal basis?

In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.

Subject to the above, we use information about you for the following purposes:

  • To comply with regulatory obligations, such as verifying your age and status as a user of our products 

  • To sell our products to you, including fulfilling your orders, processing your payments 

  • To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services 

  • To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events 

  • For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products 

  • To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting 

  • For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers 

  • For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected 

The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):

  • compliance with a legal obligation to which we are subject; 

  • the performance of a contract to which you are a party; 

  • a legitimate business interest that is not overridden by interests you have to protect the information; 

  • where none of the above applies, your consent (which we will ask for before we process the information). 

find out more…

The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:

Purpose Method of collection and legal basis for Processing

Comply with regulatory obligations:
  • verify your age and status as a user of our products

This information is generally provided to us by you directly.We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.

Sell our products:
  • fulfil your orders (including sending receipts)
  • process your payments
  • provide warranty services

This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).We use it to discharge our contractual obligations to you as a buyer of our products.

Provide sales-related services:
  • deal with your inquiries and requests
  • correspond with you
  • general administration and troubleshooting
  • administer loyalty programs

This information is generally provided to us by you directly.We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.

Market our products (where permitted by law):
  • understand your preferences (such as what products or events may interest you or may be better tailored to your needs) and, where permitted by law, market to you personally
  • administer loyalty programsadminister loyalty programs
  • invite you to participate in, and administer, surveys or market research campaigns
  • for market research
  • develop marketing strategies
  • administer marketing campaigns
  • customize your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)

This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.

Market our products (where permitted by law):
  • provide you with information about, and to manage, PMI affiliates, their promotions, products and services, outlets, events and the regulation of our products; and to develop and improve tools to pursue these purposes

This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.In certain countries, where required by law, we will send you these materials in electronic format only with your consent.

Support for all the above purposes:
  • administering your accounts
  • enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only, administering your language preference, associating your shopping cart with you)
  • corresponding with you
  • managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service)
  • enhancing your experiences
  • administration and troubleshooting

This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.

Business analytics and improvements:
  • allowing us or our business partners to inform you of potential opportunities to get involved in promoting PMI products
  • for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to our customers)

This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products, that is not overridden by interests, rights and freedoms to protect information about you.

Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).

In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.

Who do we share your information with, and for what purposes?

We may share information about you with:

  • PMI affiliates; 

  • third parties who provide PMI affiliates or you with products or services; 

  • PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and 

  • other third parties, where required or permitted by law. 

find out more…

Sharing data with other PMI affiliates

  • Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice. 

  • Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice. 

  • Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you. 

Details of PMI affiliates and the countries in which they are established are available here.

Sharing data with Third Parties

  • We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers). 

  • We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences. 

  • We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring. 

Where might information about you be sent?

As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).

find out more…

When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.

For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:

  • on the basis of a European Commission adequacy decision

  • subject to appropriate safeguards, for example the EU Model Contracts; or 

  • necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements. 

In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.

How do we protect information about you?

We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.

How long will information about you be kept?

We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.

find out more…

Typically, we retain data based on the criteria described in the table below:

Type Explanation/typical retention criteria

  • marketing to you (including marketing communications) (if you use digital touchpoints and are contactable)

Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.

  • marketing to you (including marketing communications) (if you are no longer in contact with us)

This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.

  • marketing to you (including marketing communications) (if you are not contactable)

If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.

  • marketing to you (including marketing communications) (incomplete registrations)

If you commence registering yourself in a database, but do not complete the process (for example, if you don’t complete the age verification process, or you don’t accept the touchpoint’s terms of use), we will retain your details for only 6 months to allow you to return and complete the process.

  • market research

If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.

  • purchases and warranty

If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). If you also register for a warranty for a device, we will retain details of this for so long as relevant to the warranty.

  • customer care

If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made, and will be retained only temporarily.

  • system audit logs

System audit logs are retained typically for a period of only a few months.

  • business analytics

Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.

What rights and options do you have?

You may have some or all of the following rights in respect of information about you that we hold:

  • request us to give you access to it; 

  • request us to rectify it, update it, or erase it; 

  • request us to restrict our using it, in certain circumstances; 

  • object to our using it, in certain circumstances; 

  • withdraw your consent to our using it; 

  • data portability, in certain circumstances; 

  • opt out from our using it for direct marketing; and 

  • lodge a complaint with the supervisory authority in your country (if there is one). 

We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.

Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.

find out more…

The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.

Right in respect of the information about you that we hold Further detail (note: certain legal limits to all these rights apply)

  • to request us to give you access to it

This is confirmation of:
  • whether or not we process information about you;
  • our name and contact details;
  • the purpose of the processing;
  • the categories of information concerned;
  • the categories of persons with whom we share the information and, where any person is outside the EEA and does not benefit from a European Commission adequacy decision, the appropriate safeguards for protecting the information;
  • (if we have it) the source of the information, if we did not collect it from you;
  • (to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and
  • (if we have it) the source of the information, if we did not collect it from you;
  • the criteria for determining the period for which we will store the information.
On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).

  • to request us to rectify or update it

This applies if the information we hold is inaccurate or incomplete.

  • to request us to erase it

This applies if:
  • the information we hold is no longer necessary in relation to the purposes for which we use it;
  • we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes);
  • we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it;
  • the information was unlawfully obtained or used; or
  • to comply with a legal obligation.

  • to request us to restrict our processing of it

This right applies, temporarily while we look into your case, if you:
  • contest the accuracy of the information we use; or
  • have objected to our using the information on the basis of legitimate interest
  • (if you make use of your right in these cases, we will tell you before we use the information again).This right applies also if:
    • our use is unlawful and you oppose the erasure of the data; or
    • we no longer need the data, but you require it to establish a legal case.

  • to object to our processing it

You have two rights here:
  1. (i)if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
  2. (ii)if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.

  • to withdraw your consent to our using it

This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.

  • to data portability

If:
  1. (i)you have provided data to us; and
  2. (ii)we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,
then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.

  • to lodge a complaint with the supervisory authority in your country

Each European Economic Area country must provide for one or more public authorities for this purpose. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm For other countries please consult the website of your country’s authority.

Country-specific additional points

According to which country you are in, you may have some additional rights.

If you are in Greece, find out more…

Who should you contact with questions?

If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.

If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.

Changes to this notice

We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.

 

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