IQOS Club Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR IQOS CLUB

§ 1 Scope of application, contract parties

1.1 These General Terms and Conditions (GTCs) apply to your participation in the IQOS CLUB Customer Loyalty Program - IQOS CLUB - Program of Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, Germany, registered with the Commercial Register of Munich District Court under HRB 49432 - Philip Morris -. The IQOS CLUB Program is for users who have registered using at least one device. Under the IQOS CLUB Program, a registered IQOS CLUB user - Member - can collect points (IQOS POINTS)  and Status Points”, which are awarded in equal amounts). IQOS POINTS can be redeemed in the IQOS Online Shop (www.iqos.com) for IQOS rewards as well as in the IQOS CLUB Rewards Shop (Prämienshop) (www.de.iqosclub.com) for products or product vouchers from partner suppliers. Status Points determine a Member’s status level.

1.2 These GTCs exclusively apply for consumers. According to the legal definition under German law, a consumer is any natural person who concludes a legal transaction for purposes which cannot be principally attributed to commercial activity or professional activity under self-employment. Distributors may not participate in the IQOS Club Program.

1.3 The operator of the IQOS CLUB websites (www.iqosclub.com and www.de.iqosclub.com) and your contract partner is Philip Morris. If you have any questions, requests, or complaints, you can contact us via e-mail at contact.de@iqos.com.

1.4 When registering for the IQOS CLUB Program, you are accepting the GTCs in the version valid at the time of your registration. There is a link on the IQOS CLUB website you can use to access those GTCs when you register, with the option of saving them on your computer and/or printing them. If you do not agree with or comply with the GTCs, then you will not be eligible to be an IQOS CLUB Member. 

§ 2 Eligibility, registration, contract conclusion

2.1 You will only be eligible to participate in the IQOS CLUB Program if

  1. you are a consumer (Section 1.2)
  2. you have reached the age of 18
  3. you are an IQOS user
  4. you have your primary residence in the Federal Republic of Germany,
  5. you have opened an IQOS customer account and registered your device using the device number.

All information provided regarding identity and residence must be correct and truthful, and corresponding proof must be provided to Philip Morris upon request. You must keep the personal and contact information provided for IQOS CLUB up-to-date.

There is no legal right to participation in the IQOS CLUB Program. Philip Morris may refuse admission to the IQOS CLUB Program at any time without indicating reasons.

2.2 Participation in the IQOS CLUB Program is free of charge for participants. Philip Morris reserves the right to charge membership fees in the future after issuing prior written notice and obtaining your consent.

2.3 Your participation in the IQOS CLUB Program will begin once you have created a customer account on iqos.com, have registered your device, and have agreed to the local general terms and conditions. If you are already participating in the IQOS CLUB Program, then it won’t be permissible to submit an application for an additional IQOS CLUB customer account, i.e. you can only open one account. Registration of multiple devices with IQOS CLUB by the same user requires a single IQOS CLUB membership. An individual may only have one IQOS CLUB account. Membership in the IQOS CLUB and associated offers and benefits are not transferable to third parties.

2.4 IQOS CLUB is not available in all countries. Your IQOS CLUB membership is limited to Germany. If you change your place of primary residence, then your IQOS CLUB membership will terminate automatically. You are obligated to notify us of such change and will be able to register for IQOS and participate in the IQOS CLUB in the new country if IQOS and/or the IQOS CLUB are available there. 

2.5 After registering for the IQOS CLUB Program, you can be liable for declarations and actions carried out using your name and contact information (e-mail, address, and date of birth), even when made without your knowledge. Liability will particularly apply if you intentionally or negligently provide third parties with access to your login data or your personal area within the IQOS CLUB Website. In the interest of avoiding misuse, you are obligated to maintain your login data strictly confidential, to store it in a manner inaccessible to third parties, and to log out of the IQOS CLUB website following each session. If you suspect your access has been misused, then you must inform us immediately.

§ 3 Collecting and redeeming IQOS POINTS and Status Points for activities

3.1 By engaging in certain activities, such as successfully recommending IQOS to adult smokers (Member gets Member, “MGM”), responding to quizzes, watching videos, listening to podcasts, reading articles, participating in surveys, or registering additional IQOS devices you have purchased, you can earn IQOS POINTS and an equal number of Status Points in each case. For device registration(s), you will receive IQOS POINTS for a maximum of 4 registered devices of the same type per year. You can register the following device types in your IQOS CLUB customer account:

(a)          IQOS 2.4, IQOS 2.4+, IQOS 3

(b)          IQOS 3 MULTI

(c)          IQOS VEEV

(d)          All future IQOS devices eligible for registration in the IQOS CLUB.

The activities eligible for earning IQOS POINTS and Status Points vary from time to time and may be carried out in cooperation with partner enterprises which have been commissioned accordingly. You will receive IQOS POINTS and Status Points in the same amount for an activity. The amount of IQOS POINTS and Status Points awarded may vary depending on the special promotion and the Member’s status level. Activities - such as surveys and quizzes - can generally only be done one time. It is exclusively when a deviation has been communicated that it will be possible to do an activity multiple times and obtain the corresponding points multiple times. IQOS POINTS and Status Points can only be earned by a Member directly and are not transferable to other IQOS CLUB Members. 

3.2 The following limitation applies to IQOS referrals to adult smokers and the corresponding awarding of IQOS POINTS under the Member gets Member program (“MGM”): A maximum of 50 people may register using the personal MGM code of an IQOS CLUB Member. Once 50 people have successfully registered using the MGM Code of an IQOS CLUB member, the MGM Code becomes invalid and can no longer be used. Distributors who distribute IQOS are prohibited from using the IQOS Friendship Code within the scope of their business activity.

3.3 IQOS POINTS and Status Points are saved on the IQOS CLUB website as well as in the user profile, and are credited to your IQOS CLUB account soon after being earned. The current balances for your IQOS POINTS and Status Points can be accessed via the homepage and the “YOUR HISTORY” [DEINE HISTORIE] section.

3.4 IQOS POINTS and Status Points are automatically credited when a user identifies himself or herself during an activity. User identification can be performed via user login, or when a personal MGM Code is entered by a new IQOS CLUB user during registration. 

3.5 You can redeem your IQOS POINTS for rewards. This requires the availability of rewards in the IQOS CLUB website Rewards Shop [Prämienshop] (www.de.iqosclub.com), in our IQOS Online Shop (www.iqos.com), or in our IQOS Boutiques. Should you not have sufficient IQOS POINTS available for a reward, you’ll be able to pay for the difference in the IQOS Online Shop. As is the case when doing activities to collect IQOS POINTS, individual rewards may also be made available through cooperation with partner enterprises, which means you may be able to select rewards from such partners in the Rewards Shop [Prämienshop] as well. In the event Philip Morris offers online offers vouchers from partner enterprises, they will be subject to the terms and conditions indicated accordingly, and such terms and conditions will take precedence over these GTCs in the event of inconsistency.  The selection of rewards in the IQOS Online Shop or in IQOS Boutiques is likewise subject to the respective terms and conditions. Philip Morris does not provide any warranty for products from partner suppliers. You’ll need to contact the corresponding manufacturer in such cases. Philip Morris will cover the shipping costs for sending partner rewards from the IQOS CLUB Rewards Shop. The shipping costs for IQOS reward products from the IQOS Online Shop iqos.com will be borne by the IQOS CLUB Member, which can also be covered using IQOS POINTS.

You have a legal right to withdrawal for points redemptions carried out in the Rewards Shop (www.de.iqosclub.com), which represents the conclusion of a distance selling transaction under German law. Philip Morris is providing the corresponding information regarding this right in line with the model laid out in law. You’ll find a model withdrawal form below, followed by clarifications regarding the models laid out in law and supplementary provisions beyond the legal right. Philip Morris has bound itself to these supplementary provisions in a manner that benefits you.

Notice regarding withdrawal

Right to withdrawal

You have the right to withdraw from this contract within fourteen days without indicating any reasons.

The withdrawal period is fourteen days from the date on which you, or a third party designated by you other than the carrier, took possession of the items. If you have ordered multiple items as part of a single order and those items are delivered separately, then the withdrawal period will be fourteen days from the day on which you, or a third party designated by you other than the carrier, took possession of the last item.

In order to exercise your right of withdrawal, you must inform us (Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, tel.: +49 (0) 800 1114767 (toll free), e-mail: contact.de@iqos.com) of your decision to withdraw from this agreement in the form of a clear statement (e.g., a letter sent by post, fax, or e-mail). You can use the attached model withdrawal form to that end, but using it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send notification that you are exercising the right to withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we (Philip Morris GmbH) must return to you all payments we have received from you, including any potential delivery costs (with the exception of additional costs incurred due to you having chosen a type of delivery other than the most economical standard delivery we offered), without delay and no later than within fourteen days from the day on which the notification regarding your withdrawal from this contract was delivered to us. For this refund, we will use the same method of payment used by you for the original transaction, in that case we will return the amount of the used IQOS POINTS in your IQOS CLUB account; in no event will you be charged for this refund. We may refuse to refund your payment until we have received the items back from you or until such time as you have provided evidence that you have returned the items, whichever is earlier.

You must return or hand over the items to us (Philip Morris GmbH, c/o ITG GmbH Internationale Spedition und Logistik c/o Avantgarde Reward Shop, Eichenstraße 11, 85445 Schwaig) immediately and by no later than within fourteen days of the day on which you notify us of contract withdrawal. This period will be deemed to have been observed if you dispatch the items before the expiration of the fourteen-day period.

You will bear the direct costs of returning the items. You will be liable for any devaluation in the value of items only if such devaluation is due to any handling of the items beyond that which is necessary in order to examine their nature, properties, and functionality.

 Philip Morris’ model withdrawal form provides you with information in line with legal provisions as follows:

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

–  Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing/Germany, tel.: +49 (0) 800 1114767 (toll free), e-mail: contact.de@iqos.com

- I/we (*) hereby withdraw from the contract I/we (*) concluded regarding the purchase of the following items (*) / the provision of the following service (*):

– Order date (*) / received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date

___________

(*) Strike through information that does not apply.

.

3.6 There is no right to a specific reward. It is not possible to have IQOS POINTS converted into cash or paid out in cash.

         

3.7 IQOS POINTS cannot be redeemed for tobacco products.

 

3.8 Redeeming IQOS POINTS always takes place independently of the status of the respective IQOS CLUB member.

         

3.9 Your IQOS POINTS account will be debited immediately when you redeem your IQOS POINTS for a reward in the IQOS CLUB website Rewards Shop or in the IQOS Online Shop on iqos.com.

         

3.10 IQOS POINTS collected in the period from 1 January to 30 June of a year are valid up to and including 31 December of the same year. IQOS POINTS collected in the period from 1 July to 31 December of the same year are valid up to and including 30 June of the following year; i.e. IQOS POINTS are valid for a minimum of 6 months and a maximum of 12 months. All IQOS POINTS not redeemed during these periods will then be automatically deleted.

 

3.11 If we or you terminate participation in the IQOS CLUB Program, then your accumulated IQOS POINTS will expire and your access to the IQOS CLUB Website will be blocked.

 

§ 4 Status level

4.1 The IQOS CLUB Program awards different status levels (Silver, Gold, Platinum) to members. Member status is determined by the number of Status Points accumulated during the specified period of one calendar year (1 January to 31 December). There is a one-time exception for the year of Member entry, for which Status Points will remain valid from the date of joining up to and including 31 December of the following year. At the beginning of each subsequent calendar year (1 January), Status Points will be reset to 0. Redeeming IQOS POINTS has no effect on status level and does not reduce the number of Status Points.

 

4.2 The status achieved in a calendar year will remain valid until the end of the following year and will expire if a user does not achieve the requisite number of Status Points in that following year. Thus, the counting of status points starts anew with each new year. Each status level is associated with various benefits for the user which can be used for the duration of the respective status level. Examples here include access to events, prize drawings, pre-sales promotions, and special offers. Philip Morris reserves the right to adjust the criteria for achieving a status level as well as the benefits associated with a status level at any time. The selection of benefits per status level depends on availability in the respective case. The corresponding benefits may be claimed exclusively during the respective status period; or, alternatively, during a period specified for the respective benefit when identified accordingly. Benefits not used during your status period or within the specified time frame will expire. If you do not use a benefit that you have booked for a specific date or time, such as an event ticket, then that benefit will likewise expire.

 

4.3 Benefits offered in cooperation with partner enterprises are subject to the general terms and conditions of the respective company. Philip Morris reserves the right to terminate collaborations with partner companies at any time, as well as to adjust the associated benefits or to remove them from IQOS CLUB. In such case, Members will be informed accordingly, e.g. via communication on the IQOS CLUB website.

 

§ 5 Misuse

5.1 An IQOS CLUB user commits misuse within the meaning of these GTC if he or she violates one of the provisions laid out in these GTCs (especially participation in the IQOS CLUB Program within the scope of commercial activity or professional activity in self-employment; technical circumvention of the limitation on using an MGM Code for no more than 50 persons, etc.).

       

5.2 IQOS POINTS, Status Points, and product vouchers are not transferable to third parties. The sale, exchange, offering for auction, or any other form of transfer of IQOS POINTS, Status Points, or product vouchers to third parties is prohibited. It is also prohibited to mediate the purchase or sale of IQOS POINTS and/or Status Points as well as the purchase of IQOS POINTS and/or Status Points for participants or third parties.

 

§ 6 Intellectual Property

The “IQOS CLUB” website can contain information that is protected under copyright, trademark, or other intellectual property rights. You have the obligation to not make any unlawful use of trademarks or other intellectual property.

 

§ 7 Data protection

The collection, processing, and use of personal data in connection with the “IQOS CLUB” website is spelled out in the PMI Privacy Policy for Consumers [PMI Datenschutzerklärung für Konsumenten]. You can view it here: INSERT LINK .

 

§ 8 Amendment to GTCs

8.1 Philip Morris reserves the right to modify or supplement the GTCs, including the duration of validity for IQOS POINTS and product vouchers, with effect for the future if doing so does not disadvantage IQOS CLUB Program participants in a manner that contravenes good faith. Damage compensation claims by participants against Philip Morris due to changes in the law are excluded.

       

8.2 If these GTCs are amended, then we will inform you on the Club website or announce the change via e-mail. If you make use of program benefits or register a new device on your own account after receiving notification, then you will be agreeing to the amended GTCs.

 

§ 9 Termination

9.1 You can terminate your participation in the IQOS CLUB Program at any time without prior notice via e-mail (contact.de@iqos.com) or via letter (Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing).

       

9.2 Philip Morris may terminate your participation in the IQOS CLUB Program at any time via e-mail or letter in conjunction with one month of prior notice.

       

9.3 Additionally, Philip Morris has the right to perform extraordinary termination (without prior notice) of your participation in the IQOS CLUB Program based on good cause via e-mail or letter. Good cause will particularly be met if you violate the obligations set forth in these GTCs, such as any attempt to transfer or sell IQOS POINTS, Status Points, or program benefits, such that Philip Morris cannot reasonably be expected to maintain the participation relationship. 

       

9.4 Upon termination, your IQOS POINTS and Status Points will expire and your access to the IQOS CLUB website will be blocked. For reasons of tax law and data protection law, Philip Morris will keep your IQOS POINTS history for a corresponding time period in accordance with the law.

 

§ 10 Liability

10.1 Philip Morris is liable for damage compensation in accordance with statutory provisions unless otherwise stipulated below.

       

10.2 In the event of breach of duty - irrespective of the legal ground - Philip Morris will be liable for intent and gross negligence within the scope of fault-based liability. Subject to a milder standard of liability under statutory provisions (e.g. regarding diligence in one’s own affairs), Philip Morris will only be liable for ordinary negligence:

 

        (i) for damages resulting from injury to life, limb, or health, and

        (ii) for damages arising from a not inconsiderable breach of an essential contractual obligation (an obligation whose fulfillment is essential for proper execution of the contract and the observance of which the contract partner regularly relies on and may rely on); in such case, however, liability is limited to compensation for damage that is foreseeable and typical.

10.3 The above liability limitations also apply to third parties and to breaches of duty by or on behalf of parties for whose fault Philip Morris holds liability in accordance with legal provisions. Claims under the German Product Liability Act will be exclusively subject to legal provisions.

10.4 The Member is responsible for any tax consequences which may arise in connection with or as a result of IQOS CLUB membership, the redeeming of benefits, or the claiming of rewards. It may be advisable to consult a tax advisor for more detailed information

§ 12 Final provisions

12.1 These GTCs and the contractual relationship with you will be governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 Legal venue will be subject to the legal provisions.

12.3 Should a provision of these GTCs be invalid, the validity of the remainder of the contract will be unaffected. The relevant legal provisions will apply in place of the invalid provision.

12.4 Philip Morris does not participate in dispute resolution proceedings before a consumer arbitration body.

 

 

Last updated: August 2021

GENERAL TERMS AND CONDITIONS FOR IQOS CLUB

§ 1 Scope of application, contract parties

1.1 These General Terms and Conditions (GTCs) apply to your participation in the IQOS CLUB Customer Loyalty Program - IQOS CLUB - Program of Philip Morris GmbH, Am Haag 14, 82166 Gräfelfing, Germany, registered with the Commercial Register of Munich District Court under HRB 49432 - Philip Morris -. The IQOS CLUB Program is for users who have registered using at least one device. Under the IQOS CLUB Program, a registered IQOS CLUB user - Member - can collect points (IQOS POINTS)  and Status Points”, which are awarded in equal amounts). IQOS POINTS can be redeemed in the IQOS Online Shop (www.iqos.com) for IQOS rewards as well as in the IQOS CLUB Rewards Shop (Prämienshop) (www.de.iqosclub.com) for products or product vouchers from partner suppliers. Status Points determine a Member’s status level.

1.2 These GTCs exclusively apply for consumers. According to the legal definition under German law, a consumer is any natural person who concludes a legal transaction for purposes which cannot be principally attributed to commercial activity or professional activity under self-employment. Distributors may not participate in the IQOS Club Program.

1.3 The operator of the IQOS CLUB websites (www.iqosclub.com and www.de.iqosclub.com) and your contract partner is Philip Morris. If you have any questions, requests, or complaints, you can contact us via e-mail at contact.de@iqos.com.

1.4 When registering for the IQOS CLUB Program, you are accepting the GTCs in the version valid at the time of your registration. There is a link on the IQOS CLUB website you can use to access those GTCs when you register, with the option of saving them on your computer and/or printing them. If you do not agree with or comply with the GTCs, then you will not be eligible to be an IQOS CLUB Member. 

§ 2 Eligibility, registration, contract conclusion

2.1 You will only be eligible to participate in the IQOS CLUB Program if

  1. you are a consumer (Section 1.2)
  2. you have reached the age of 18
  3. you are an IQOS user
  4. you have your primary residence in the Federal Republic of Germany,
  5. you have opened an IQOS customer account and registered your device using the device number.

All information provided regarding identity and residence must be correct and truthful, and corresponding proof must be provided to Philip Morris upon request. You must keep the personal and contact information provided for IQOS CLUB up-to-date.

There is no legal right to participation in the IQOS CLUB Program. Philip Morris may refuse admission to the IQOS CLUB Program at any time without indicating reasons.

2.2 Participation in the IQOS CLUB Program is free of charge for participants. Philip Morris reserves the right to charge membership fees in the future after issuing prior written notice and obtaining your consent.