USE CODE IQOS-2020 AND RECEIVE KZT 3000 DISCOUNT FOR ORDERS ABOVE KZT 10000.
*The Code is applicable on all IQOS devices *The Сode shall not be cumulative with other vouchers, discounts and special offers.

PUBLIC OFFER

(Offer of the Retail Sales Agreement Containing All Essential Terms and Conditions)

Effective Date: 4 September  2020

Philip Morris Kazakhstan Limited Liability Partnership hereby offers any individual who is at the age of twenty one and a consumer of tobacco interested in purchase of Goods to sign the public agreement as set forth below:

PUBLIC AGREEMENT

for retail purchase and sale of Goods through e-commerce website WWW.IQOS.COM

Preamble

This Public Retail Sales Agreement (hereinafter referred to as the “Agreement”) shall be an integral part of the public offer and regulate basic terms and general conditions of interaction between Philip Morris Kazakhstan LLP, a legal entity, registered at: 90, Ilias Zhansugurov Str., Otegen Batyr Village, Ili District, Almaty Oblast, Republic of Kazakhstan, post code: B40A6M8 or 040700, hereinafter referred to as the “Seller”, on the one hand, and any legally capable individual tobacco consumer at the age of twenty one, interested in purchase of Goods, hereinafter referred to as the “Consumer”, on the other hand, who has accepted the offer (public offer) of the Agreement on the Seller's terms and conditions with no changes as to retail purchase and sale of Goods on the e-commerce website WWW.IQOS.COM  (hereinafter referred to as the “Website”).

  1. Definitions
    • Goods shall mean IQOS electric heating tobacco system , products containing heated tobacco, namely, HEETS heated tobacco sticks and any other goods offered by the Seller to the Consumer for price as per the Seller's Catalogue available for sale as of the date of raising the Order. The list of Goods as offered for sale by the Seller and prices thereof shall be determined by the Seller from time to time at the sole discretion and set forth in the Seller's Catalogue.
    • Catalogue shall mean the list of the Goods posted in the appropriate section of the Website, offered by the Seller for sale to the Consumer detailing the range of Goods available, specifying the respective prices and.
    • Order shall mean duly issued request of the Consumer for acquisition and delivery of the Goods selected on the Website to the address specified by the Consumer.
    • Customer Care shall mean the Seller's call center responsible for Order acceptance and organization of Goods delivery and sales, telephone: 8-8000-80-12-21.
    • Parties shall mean the Seller and the Consumer where jointly referred to.
    • Guarantee Deposit shall mean amount of cash payable by the Consumer to the Seller as a security for concluding a Contract between them on the basis of the Guarantee Deposit Payment Agreement after the Consumer raises an appropriate Order for the Goods.
  1. Subject Matter of the Agreement
    • The Seller shall transfer ownership of the Goods to the Consumer to use such Goods for purposes other than business, and the Consumer shall pay for and accept Goods in accordance with the Catalogue of Goods effective as at the date of raising the Order and other terms and conditions of this Agreement including those established by orders and/or other documents of the Seller.
    • Subject to characteristic features of the Goods, mode of acquisition thereof and (or) other purchase and sale conditions of such Goods established by the Seller, there may be provisions established either in addition to or modify or further specify the terms and conditions hereof as well as any other provisions contained in separate orders, rules or other documents of the Seller being an integral part of this Agreement, that the Consumer can review on the Website or address Customer Care.
  1. Agreement Signing and Amendment Procedure
    • This Agreement is a public agreement as defined in Article 387 of the Republic of Kazakhstan Civil Code, which means that Goods price and other terms and conditions hereof are set up by the Seller as at the date of raising the Order for all Consumers without any preference given to some Consumers as compared to others with respect to the Agreement.
    • Prior to raising the Order, the Seller may, at its own discretion, change the terms and conditions of the Public Offer and the Agreement which is an integral part thereof. Upon raising the Order, the Agreement may be amended on the grounds and in accordance with the procedure prescribed by the effective laws and regulations of the Republic of Kazakhstan.
    • The Consumer registration on the Website shall be deemed confirmation of public offer receipt. The offer shall be deemed accepted (acceptance shall be deemed effected by the Consumer) and the Agreement shall be deemed concluded upon the Consumer’s performance of the following actions in total in accordance with the conditions of the Agreement:
      • Finalization of the Order for Goods;
      • Guarantee Deposit payment;
      • Presentation to the Seller (his representative) of the original document proving the identity of the Consumer, before the transfer of the Goods to him, in order to identify the Consumer as the person who placed the Order and paid the Guarantee Fee, and if the Seller (his representative) doubts that the Consumer has reached the age of twenty one year - also in order to confirm that he has reached the specified age.

The Consumer’s failure to fulfill any of the actions specified in this clause of the Agreement or fulfillment thereof in violation of the Agreement conditions shall be deemed the Consumer’s refusal to receive this public offer and conclude the Agreement. The Consumer’s acceptance shall mean that the Consumer has read, understood and agrees to terms and conditions for the Goods purchase, as well as the Consumer’s consent to enter into the Goods Sales and Purchase Agreement with the Seller under the terms and conditions herein. The Consumer’s every finalization of the Order shall be considered as the independent grounds to enter into an agreement in respect of the Goods, determined by such an Order. The Consumer’s acceptance for entering into the Guarantee Deposit Payment Agreement shall be deemed completed, and the Guarantee Deposit Payment Agreement itself shall be deemed concluded with the Seller under the conditions provided for herein, from the moment the Consumer raises the Order for Goods and the Seller receives this Order.

 

  1. General Provisions for Goods Acquisitions
    • The Parties acknowledge and agree that all information materials posted on the Website (video, photo, text, etc.) are provided for reference only and cannot fully reflect all information of the Goods properties and characteristics including color, size and form. The fullest up-to-date information about the Goods can be found on the labeling of the Goods chosen by the Consumer. Should the Consumer have any questions concerning properties and characteristics of the Goods, the Consumer may visit domestic trade facilities or request any information concerning the Goods of his/her interest including personal presentation from the Customer Care before purchase. The list of the Seller's domestic trade facilities with addresses is available in the relevant section of the Website.
    • The Seller offers the Goods of appropriate quality available on the Sellers's stock at the time the Order is raised. The Parties hereby accept the possibility that certain Goods included in the Goods Catalogue can be out of stock for a short while. In this case the Seller shall take reasonable efforts to ensure availability of such Goods at the earliest possible time or, where it is impossible to replenish the stock of the Goods, the Seller shall make the respective changes to the Goods Catalogue.
    • The Goods ownership and related risks shall pass from the Seller to the Consumer upon transfer of the Goods to the Consumer.
    • Certain types of the Goods are covered by the warranty. The warranty period and service life of the Goods covered are specified in the relevant documents furnished with the Goods (hereinafter referred to as the “Warranty Period”). Where no special documents that determine the Warranty Period are furnished with the Goods, this implies that such Goods are not covered by the warranty.
  1. Registration on the Website
    • Registration on the Website enables the Consumer to access the Website and make the Order.
    • Persons under the age of 21 may not register on the Website.
    • In order to register on the Website a person interested in registering on the Website shall enter the Individual Identification Number (IIN) in the registration form. The Seller shall verify the age of a person interested in registering on the Website using his/her IIN in publicly available sources and shall confirm registration on the Website only in case that person has reached the age of twenty one.
    • Should the verification outcomes demonstrate that a person interested in registering on the Website is not at the age of twenty one, the Seller shall deny that person in registration on the Website. In the absence of information on the age of a person interested in registering on the Website, in publicly available sources, the Seller shall have the right to request the provision of a scanned copy of the identity document of that person by sending it to the Seller's e-mail or in another way to be determined by the Seller. Should there be doubts about the authenticity of the document or falseness of its data, the Seller shall have the right to request the provision of a scanned notarized copy of an identity document.
    • The Consumer shall be liable for the accuracy and reliability of data provided by the Consumer for registration on the Website.
    • The Consumer shall not disclose the password created thereby for registration on the Website to any third persons. Should the Consumer have any suspicions as to the safety of his/her password or possible unauthorized use of his/her account by any third parties, the Consumer should immediately change the password on the Website.
  1. Order Finalization and Guarantee Deposit Payment Procedure
    • The Consumer shall make Orders following the procedure below:
      • go to Buy section, choose the Goods from the Goods Catalogue and add the Goods so chosen to Cart;
      • check whether the Cart contents match the Goods chosen, add or remove Goods as appropriate and press Checkout button;
      • in Personal Data section check your last name, first name, telephone number for accuracy, specify the delivery address in the appropriate section by choosing your city from the drop-down list and indicating your post code, house number, apartment number (if applicable) and press Next to proceed to Payment;
      • in Payment section check the total cost of the Order including delivery, choose the Guarantee Deposit payment method from the offered list;
      • confirm awareness of and consent to the Public Offer and Public Agreement including Delivery Terms by marking the designated box and press Confirm button;
      • on the payment page at http://epay.kkb.kz enter payment card data and perform the operations required to make payment (Guarantee Deposit payment). Then the Consumer is returned to the Website IQOS.COM and the system notifies of the Order number provided that payment authorization is successful. Should authorization be confirmed, the Order will be automatically processed in accordance with the established conditions;
      • after successful payment of the Guarantee Deposit, the Consumer will receive the electronic message to the email address specified by the Consumer for registration on the Website with the Order confirmation and details.
  1. Cost of the Goods and Guarantee Deposit Payment Terms
    • The cost of the Goods is stated in KZT per unit in the Catalogue and payment documents. Cost of the Goods includes value added tax.
    • The cost of the Goods does not include delivery to the Consumer. The Consumer shall pay for delivery in accordance with the rates set forth on the Website and Delivery Terms effective at the Order checkout date.
    • The cost of the Goods and delivery cost may be changed by the Seller at its sole discretion with the respective changes introduced to the Catalogue and Website, respectively. In this case the price of the Goods and delivery cost, in respect of which the Consumer has raised the Order and paid the Guarantee Deposit, shall remain unchanged.
    • The amount of the Guarantee Deposit shall be determined as 100% (one hundred percent) Order price (cost of Goods and delivery) and shall be paid by the Consumer using his/her bank card.
    • Guarantee Deposit payment by bank card shall be performed through the payment page of Halyk Bank of Kazakhstan JSC. When Guarantee Deposit is paid online by bank card, Halyk Bank of Kazakhstan JSC protects and processes the Consumer's bank card data in accordance with the Payment Card Industry Data Security Standard (PCI DSS). The Consumer's bank card data are transmitted encrypted and not stored on the Website. The Seller shall have no access to the Consumer's bank card data and shall not store such data. Halyk Bank of Kazakhstan JSC guarantees safe processing of online payments. For any Information concerning additional identification rules and methods please refer to the bank that issued the respective card.
    • To prevent fraud on the part of potential buyers aimed at purchase of goods for any purposes other than those covered by this Agreement, the Seller applies the following limit: the Consumer may make 5 or less Guarantee Deposit payments on the Website using one and the same payment within twenty four hours.
    • The Seller may use discounts and other special offers established by the rules or other documents of the Seller and available to the Consumer on the Website. By doing so the Seller may establish conditions for such discounts or other special offers.

 

  1. Goods Delivery
    • The Seller shall deliver the Goods for which the Order has been finalized and Guarantee Deposit has been paid to the location the Consumer specified in the Order (delivery address). Delivery methods, cost and estimated delivery time are specified in the Delivery Terms available in the appropriate section of the Website and at checkout.
    • The Consumer may get the Order status from the Customer Care via Telegram or online chat specified on the Website.
    • The territory of the Goods delivery shall be the Republic of Kazakhstan.
    • Upon delivery, the Goods specified in the Order are handed over to the Consumer only if the Seller (his representative) identifies the Consumer as the person who placed the Order and paid the Guarantee Fee, and if the Seller (his representative) doubts that the Consumer has reached the age of twenty-one, also provided confirmation by the Consumer of reaching the specified age in accordance with the terms of the Agreement. The identification of the Consumer and (if necessary) confirmation of his age are carried out according to the original document proving the identity of the Consumer.
    • Prior to the Seller’s (its representative’s) transferring the Goods to the Consumer, the Consumer shall present to the Seller (its representative) the original identity document and provide the Seller (its representative) with the information on the number of that identity document.
    • Should the Consumer fail to present to the Seller (its representative) the Consumer’s original identity document, and/or not be at the age of twenty one as per the document he/she has presented, the Seller shall cancel the Order execution and return the Guarantee Deposit amount to the Consumer. Herewith, the Seller may withhold the delivery cost from the Guarantee Deposit.
    • Upon the Consumer’s fulfillment of the conditions of 8.5 of the Agreement and receiving the Goods, handed over by the Seller (its representative), the Seller shall set off the Guarantee Deposit amount against payment of the Goods and delivery, specified in the relevant Order.
    • Risk of accidental loss or damage of the Goods shall pass to the Consumer upon transfer of the Goods and the Consumer’s signing of the documents evidencing delivery and handover of the Goods.
    • In case the Consumer cancels the Order prior to delivery of the Goods to him/her or Goods are not delivered to the Consumer, the Seller shall return to the Consumer the amount of the Guarantee Deposit paid by the Consumer, in full, upon receipt from its representatives of confirmation of the Order cancellation, on the loss or impossibility to deliver the Goods.
    • The Seller's obligation to transfer the Goods to the Consumer shall be deemed fully discharged upon the Seller’s (its representative’s) handing over the Goods to the Consumer.
    • When accepting the Goods from the Seller (its representative), the Consumer shall examine the Goods delivered and check the same for compliance with the declared quantity, assortment, completeness and package integrity. If the Consumer has no claims to the Goods delivered, he/she shall affix his/her signature on the accompanying delivery note or delivery register provided by the Seller’s representative. The Consumer's signature in the accompanying delivery note or delivery register shall evidence the fact that the Consumer has no claims to the Goods and the Seller has duly met the obligation to transfer the Goods to the Consumer in full. Should there be any claims to the Goods delivered (shortage, delivery of Goods other than those specified in the list of enclosed items, etc.), the Seller’s representative, as directed by the Consumer, shall draw up non-conformance report and the Goods shall not be transferred to the Consumer, unless the Consumer selects to accept such Goods with the respective note in the above non-conformance report and delivery register. This being the case, should the Consumer refuse to accept the Goods, the Customer Care, upon receipt of the information from the Seller’s representative, who has made the non-conformance report, shall contact the Consumer, who has not accepted the Goods, to determine further steps to be taken to deliver appropriate Goods or return the Guarantee Deposit.
    • The Consumer shall be liable for accuracy and reliability of the entire information provided when registering on the Website and at the Order checkout. The Parties hereby agree that in case the Consumer provides incorrect or false information the Seller cannot guarantee on-time and proper delivery of the Goods.
  1. Exchange or Return of Non-Conforming Goods

    9.1 Should any defects of the Goods be detected during the warranty period, the Consumer shall file a claim with the Customer Care, unless otherwise additionally directed by the Seller as the Consumer could find out having addressed the Customer Care.

    9.2 Upon occurrence of a warranty case, the Goods shall be exchanged or returned in accordance with the laws and regulations of the Republic of Kazakhstan.

    9.3 The list of warranty and non-warranty cases for certain non-food products is set forth in Appendix No. 1 to this Agreement.

    9.4 Should the Goods be exchanged based on this article hereof, the warranty period of the replacement Goods shall not start over again.

    9.5 Should any non-conforming Goods be exchanged or returned, the Seller shall incur expenses to deliver such non-conforming Goods to the Seller's address.

    9.6 The Goods shall be exchanged upon application of the Consumer submitted in the form of Appendix No. 2 hereto.

 

  1. Exchange or Return of Conforming Goods
      • Should it become necessary for the Consumer to exchange or return any conforming Goods, the Consumer shall address the Customer Care to get information about the exchange or return procedure for such conforming Goods.
      • Conforming Goods may be returned or exchanged within fourteen calendar days in accordance with the laws and regulations of the Republic of Kazakhstan, provided that such Goods remain unused, has original appearance, consumer properties, labels and documents evidencing purchase of such Goods.
      • The Goods shall be deemed unused with both the appearance and consumer properties thereof preserved in the following cases:
        • no damages to the Goods packaging /surface;
        • availability of functional charger, holder, power adapter, USB cable;
        • no scratches or other damages on the Goods surfaces;
        • no tobacco particles or odor in the holder and the charger, integrity of the holder blade;
        • no tobacco particles or odor in the cleaner and completeness thereof – availability of the cleaning hook and brushes integrity;
        • availability of the sticker on the charger, protective film on the power adapter and fixing ring on USB cable;
        • intact serial number of the Goods;
        • availability of the plastic stand for the charger and the holder, user guide and warranty in three languages.

    Missing film on the box of the Goods shall not be deemed as defect of appearance.

      • Should any conforming Goods be exchanged or returned, the Consumer shall incur expenses to deliver such conforming Goods to the Seller's address.
      • The Goods shall be exchanged upon application of the Consumer in the standard form.

 

  1. Personal Data
    • The Seller shall ensure confidentiality and processing of personal data of the Consumer as personal data subject in accordance with all applicable requirements of the Republic of Kazakhstan laws and regulations governing personal data protection including but not limited to the principles, requirements, and obligations of the personal data processor prescribed by the Republic of Kazakhstan Act No. 94-V on Personal Data and Protection Thereof dated May 21, 2013.

 

  1. Final Provisions
    • Relationships between the Consumer and the Seller shall be governed by the effective laws and regulations of the Republic of Kazakhstan.
    • This Agreement may be amended by the Seller at its sole discretion without notice to the Consumer. New version of the Agreement shall come into force upon publication on the Website for information of the Consumer.

Appendix No.1 to the Public Agreement

for retail purchase and sale of Goods through e-commerce website WWW.IQOS.COM

List of warranty and non-warranty cases for IQOS electric tobacco heating system

1) Non-warranty cases:

Damages to the Holder

С001

damaged cap

С002

damaged blade

С004

damaged charging contacts of the holder

С020

the holder gets stuck or got stuck in the charger

С021

the holder is inserted in the charger with the wrong side

С022

damaged back\ middle part of the holder

С025

paint is peeling off the holder due to mechanical stress

С027

damaged buttons of the holder

С028

the holder is damaged due to overheating (external temperature effect)

C004

damaged charging contacts of the holder

Damages to the Charger

С007

damaged display

С010

damaged USB port

С025

paint is peeling off the charger

С026

damaged lid of the charger

С027

damaged buttons of the charger

С028

the charger is damaged due to overheating (external temperature effect)

C005

damaged lid clip and spring

C006

damaged lid open button

Damages to Accessories

С011

 damaged power adapter

С012

 damaged USB cable

С024

 damaged cleaner

С028

 Accessories are damaged due to overheating (external temperature effect)

Other

C999

Error code not stated in the fault tree analysis diagram, if damage is caused by operation other than in accordance with the user guide, seller and/or manufacturer's recommendations.

2) Warranty cases:

A004

tobacco stick session of less than 6 minutes

A006

LED light on the holder does not turn on

A008

LED light of the holder and the charger does not turn on

A010

LED light of the holder is solid red

A011

LED light of the holder is solid orange

A012

cleaning LED is solid red

A015

LED light of the holder is solid red

A033

cleaning LED and LED light of the holder are solid red

A034

the charger does not take charge

A035

LED light of the charger is green for 1 second

B000

tobacco stick bursts into flame during or at the end of the session

B004

IQOS session and tobacco stick use is less than 6 minutes

B006

holder battery indicator light on the charger is off

B008

LED lights of the holder and the charger do not turn on

B010

LED light of the holder is solid/flashing red

B011

holder battery indicator light on the charger is solid /flashing orange

B012

cleaning LED of the holder is solid red

B015

LED indicator of the holder is solid red

B018

LED indicator of the holder becomes orange and then red

B019

LED indicator of the holder is orange but operable

B023

aluminum element is poorly anodized

B028

the lid goes beyond the body

B029

the lid closing mechanism goes beyond the body

B031

holder battery indicator light on the charger is solid /flashing orange

B032

the charger charges the holder less than 20 times

B033

cleaning and battery indicators of the holder are solid red

B034

the charger does not take charge

B035

LED lights of the charger blink green for 1 second

B999

it is impossible to determine which element is damaged: the holder or the charger

This product is not risk free and is addictive.

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