Terms and Conditions regarding the Protection of Personal Data and E-commerce
I. Protection of personal data
1. Personal data controller
1.1 ,,PHILIP MORRIS SALES & MARKETING” SRL has established the purposes and the means for the processing of personal data in the ,,IQOS” filing system, and it acts in the capacity of a data controller of personal data (hereinafter referred to as – „Data Controller”).
1.2 The Data Controller is registered under the number 0001329 in the Register of Data Controllers of personal data (www.registru.datepersonale.md) and has been authorized by the National Center for Protection of Personal Data to process its clients’ data. The authorization granted by the Authority responsible for the legal regime of protection of personal data demonstrates that the Data Controller, by taking organizational and technical measures, ensures an adequate level of protection of personal data.
1.3 ,,Philip Morris Sales & Marketing” SRL, with rights and responsibilities of a Data Controller of personal data, based on its legitimate interest – „ freedom to contract”, has contracted other natural/legal persons – hereinafter referred to as authorized persons by the Data Controller, for provisioning of its services.
1.4 Delegation of any tasks and responsibilities that involve the collection, storing and/or processing of IQOS clients personal data to the persons authorized by the Data Controller, does not mean the sale or use of these data in other purposes than those that are closely related and necessary for the services provided by Philip Morris Moldova concerning the IQOS products.
1.5 Philip Morris Moldova, before selecting these authorized persons, has taken all enhanced security measures to ensure that personal data shall be processed for the purposes established by the Data Controller, to be carried out exactly, and to ensure an adequate level of protection of data, has provided written guidelines to each of these persons.
1.6 The list of persons authorized by the Data Controller who were contracted and authorized on behalf of Philip Morris Moldova to process personal data can be viewed in the Register of Data Controllers and Authorized Persons, kept by the National Center for the Protection of Personal Data, under the following Data Controller’s registration number – 0001329 - 007, registru.datepersonale.md2. Term in this Regulation are used with the following meaning:
customer – any natural person acting for purposes other than those related to commercial activities;
profile creation - means any form of automatic processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or foresee aspects regarding the performance at workplace, economic situation, health, personal preferences, interests, reliability, behaviour, location of the respective individual or their movements;
personal data - any information relating to an identified or identifiable natural person;
special categories of personal data - data that reveals the racial or ethnic origin of the person, his/her political, religious or philosophical beliefs, social affiliation, data on health status or sexual life, as well as those related to criminal convictions, procedural measures of coercion or contravention sanctions;
personal data subject – any individual that can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to his/her physical, physiological, mental, economic, cultural or social identity;
processing of personal data - any operation or series of operations performed upon personal data by automated or nonautomated means, such as collection, recording, organization, storage, keeping, restoring, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;
personal data filling system - any structured set of personal data accessible according to a specific criterion, whether it is centralized, decentralized or dispersed on a functional or geographical criterion;
controller the natural or legal person governed by public or private law, including public authority, any other institution or organization which, individually or jointly with others, sets out the purposes and means of processing personal data expressly provided for by the applicable law;
person authorized by the controller - natural or legal person governed by the public or private law, including public authority and its territorial subdivisions, who processes personal data on behalf of and in the interest of the controller, based on the instructions received from controller;
third party - a natural or legal person governed by public or private law, other than the personal data subject, the controller or the person authorized by the controller and the person who, under the direct authority of the controller or of the person authorized by the controller is authorized to process personal data;
anonymization - means the processing of personal data in such a way that they can no longer be assigned to a particular data subject without using additional information, provided that such additional information is stored separately and is subject to technical and organisational measures to ensure that the respective personal data are not allocated to an identified or identifiable individual;
Responsible authority – refers to the National Center for Personal Data Protection of the Republic of Moldova;
IQOS Rental Contract – agreement between an authorized person and a consumer on the temporary possession of IQOS devices.
3. Who can use the website
3.1 The registration form filled on the website can be carried out by any individual, on his/her own name and only if he/she has reached the age of 18 years.
3.2 The activities performed by the controller are intended for residents of the Republic of Moldova or, as the case may be, for other persons in connection with the service of IQOS products.
3.3 All information accessible on the website that concerns the content of text, image, structure, etc. are intended exclusively for individuals with the purpose of personal use and are protected according to national legislation on copyright and related laws. Any copying or use of this information for purposes other than the stated one, is forbidden and is subject to liability in accordance with the legislation in force.
4. Logging in to the system
4.1 Registration in the system is performed by accessing the iqos.com web-page, entering the following categories of data: surname, first name, date of birth, sex, area of residence, preferred communication language, e-mail address and telephone number.
4.2 After filing in the listed mandatory fields, the user account will be activated by entering the secret code received at the indicated telephone number or accessing the link that will be sent to the indicated e-mail. The registration will be finished only after filing in all the required fields. The password is confidential and cannot be disclosed to a third party. 4.3 On the completion of specific fields, the personal data subject confirms by ticking that the personal data entered by him/her are true and belong to him/her. 4.4 By following these steps, you will be included in the customer list in the ‘IQOS’ personal data filing system (database).
5. Categories of processed personal data
5.1 The controller will collect the following categories of personal data: name, surname, date of birth, sex, residence town, preferred communication language, telephone number, email address, as well as other identifiers of the personal data subject if these data will be entered at his/her request by way of: filing an application, request, complaint or any other way of communication.
5.2 The collection of special categories of personal data in the IQOS personal data filing system (database) is prohibited.
5.3 Within the IQOS Rental Contract, the authorized person („Acvilin Grup” SRL), on behalf of the controller, will collect the following personal data of the consumer: address, phone number, surname, name, year of birth, email address.
5.4 In connection with the "Smart Change" program conducted by Philip Morris Moldova, "Acvilin Grup" SRL, under its legal obligation arising from its capacity as a Data Controller, based on the Order no. 118/2017 on the approval of the standard form of the primary document with the special regime of „Fiscal invoice” and based on the Instruction on its filling in, shall additionally collect the data category IDNP and/or other data, if needed, which are expressly provided by the requirements set out in the field of taxation and accounting.
5.5 Be advised that in order to provide a higher level of service in connection with with our services, the network of IQOS retail has been expanded, in this sense, the following persons authorized by the operator are involved:
a) For the sale and service of IQOS products:
"Bemol Retail" SRL, “Rompetrol Moldova” SA, “Datario” SRL, “LUKOIL-Moldova” SRL - which will process the data categories: name, surname, phone number and IQOS device code;
b) For the purpose of selling, renting and servicing IQOS devices:
"Petrom Moldova" SRL will process the data category: name, surname, date, month and year of birth, IDNP, mobile phone number and email address;
c) For the purpose of selling, renting and servicing IQOS devices:
Now Oil Retail SRL will process the data category: name, surname, date, month and year of birth, mobile phone number and email address.
6. Purpose of processing personal data
6.1 Personal data are collected and processed in ‘IQOS’ personal data filing system (database), for the purposes of:
a. keeping records of customers who have purchased/rented or intend to purchase/rent IQOS devices from the controller;
b.providing support in connection with the rendered products;
c. meeting other obligations resulting from the legal relationships established with the Clients.
6.2 The controller must not process personal data for purposes other than those indicated above.
7. Notification on the cross-border transfer
7.1 Personal data will be stored on servers in Ireland but under the monitoring and control of the controller.
8. Legal basis for processing personal data
8.1 No separate consent should be concluded if data are collected directly from the client (by interviewing/questioning face-to-face or by telephone, or are recorded in the system through the web interface directly by the user), in case of: a) the necessary actions before the conclusion of the contract which refers to the creation of the user profile on the iqos.com page or through calling IQOS Customer Service Center, filing and considering of the customer form, taking orders; b) the activities indispensable for the execution of the contract which relate to keeping customer records, providing support for the purchased IQOS products, their exchanging or repairing as well as other civil matters resulting from the legal relations concluded.
8.2 In all cases of processing of personal data in the absence of a separate consent, the controller or processors shall inform data subjects at least about: the purpose for which data are collected, the legal basis, the volume and categories of data, the storage duration, the method of use, the person authorized by the controller, as well as their rights.
8.3 The personal data controller informs that personal data may be used for other purposes expressly provided by law, such as: at the request of the police or inspection bodies – that is the activities, that the controller cannot pre-determine, but takes them into consideration when collecting personal data. In such cases, the data controller will verify if the request complies with the principles of protection of personal data and will execute it if only the purpose and the legal basis exists.
9. Personal data recipients
9.1 The controller may disclose personal data to:
a. person authorized by the controller;
b.data subject or his/her legal representative;
c. inspection bodies upon their request;
d. companies from Philip Morris International Inc and, as the case may be, debt collection companies.
9.2 Transmission to other third parties is forbidden.
10. Processing personal data in the context of using IQOS electronic commerce services
10.1 In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) and Law no. 133/2011 regarding the protection of personal data of the Republic of Moldova, Philip Morris Moldova is required to process safely and only for the purposes specified below, the personal data you provide to us. 10.2 The registered information is intended for use by Philip Morris Moldova, as a controller, registered in the Register of processing of personal data under no. 0001329, and is communicated only to the following recipients:
a. the IT service provider that ensures the functionality of this site
b. central/local public authorities
c. the judicial authority, criminal prosecution bodies and other institutions authorized by law to request information
d. the payment processor
e. courier companies.
10.3 Courier companies through which Philip Morris Moldova delivers IQOS goods ordered by you are authorized, the purpose of collecting the data by them, in the contract with Philip Morris Moldova being exclusively to execute the orders, as well as to meet legal purposes resulting from the implementation of the national legislation in force and according to requirements of competent national control authorities, as the case may be.
10.4 Your personally identifiable information will not be sold, exchanged, transferred or given to any other company, whatever your reasons, without your consent. This does not include trusted third parties, in this case, Philip Morris Moldova authorized persons - Darwin distribution network, which assists us in the sale of IQOS devices, as long as the parties maintain the confidentiality of this information.
10.5 By using e-commerce services, you accept the terms and conditions for the protection of personal data. Personal data may only be processed for the purposes set out above as long as it is required in accordance with the tax legislation in force. Philip Morris Moldova may reserve the right to process, on a legitimate basis, certain personal data more than provided for by the tax law in force, only if competent national authorities decide upon carrying out certain investigations according to the terms provided for in the Administrative Code, the Criminal Code/contravention or other specific laws. Other personal data processed by Philip Morris Moldova can only be used if you give your explicit consent on one of our websites/of our authorized persons.
11. Rights of the personal data subjects
11.1 The right to information - consists of the right to be informed before collecting and processing personal data regarding the identity of the controller, the purpose for processing data, the recipients or categories of data recipients, the existence of rights provided for by the Law on the protection of personal data, as well as the conditions under which they can be exercised.
11.2 The right of access to data - consists of the right to obtain from the controller on the basis of a request, information about whether his/her personal data were processed or not, information regarding the purposes and categories of data processed, the recipients or categories of recipients to whom the data is disclosed, how automated processing of data takes place, the legal consequences generated by the data processing for the data subject and how the right of intervention on personal data is exercised.
11.3 The right of intervention - consists in obtaining, on the basis of a request, the rectification, updating, blocking, erasure or anonymization of information the processing of which does not correspond to the requirements of the Law on the protection of personal data, especially of incomplete or inaccurate data.
11.4 The right to object - consists in the right to disagree at any time, for well-founded and legitimate reasons related to his/her particular situation, with the processing of data, unless there are legal provisions that stipulate otherwise.
11.5 The right not to be subject to an individual decision - consists of the possibility to request and obtain the withdrawal, annulment or reassessment of any decision that has legal effects on the data subject which was adopted exclusively on the basis of automated processing designed to evaluate some aspects of his/her personality, such as professional competence, reliability, behavior or other such aspects.
11.6 The right to justice - consists in the right to address the National Center for Personal Data Protection or the court for the defense or reinstatement on the impaired rights. Therefore, you have the right to file a complaint with the National Center for Personal Data Protection if you are not satisfied with any aspect of the processing of personal data by us or you believe that we do not fulfill our responsibilities as a data controller. The contact details of the authority are: MD-2004, Republic of Moldova, Chisinau municipality, 48 Serghei Lazo Street, phone: + 373-22-820801, fax: + 373- 22- 820807, e-mail: firstname.lastname@example.org
11.7 For the exercise of these rights, you can send a written request by using postal services in Chisinau, "PHILIP MORRIS SALES & MARKETING" SRL, 21/3 N. Dimo Street, MD-2068, to the attention of the person in charge of the protection of personal data or by using electronic mail services at email@example.com. We will respond to the request within 15 days from the date of receipt. 11.8 You may also refuse to provide personal data to Philip Morris Moldova. Refusal to provide such data may result in the inability of Philip Morris Moldova to provide the service.
12.1 The data controller processes two types of cookies: per session and fixed. The last ones are temporary files that remain in the user's terminal until the session ends or when the application (web browser) is closed. 12.2 Cookies themselves do not request and are not attached to other additional information that might lead to the identification of unregistered visitors. 12.3 At the end of the internet session, session cookies are automatically deleted.
13. Blocking access to the website
13.1 Access may be blocked when:
a. You have violated the rules and requirements set forth above;
b. The right to object is exercised;
c. You created more than one authorised user profile on this site.
14. Applicable legal framework and jurisdiction
14.1 The processing operations of personal data carried out in the ‘IQOS’ personal data filing system (database) are performed under the supervision of the controller from the Republic of Moldova. 14.2 Regardless of the legal seat of processors, when processing personal data, they will ensure the compliance and security of the processing of personal data at least at the level of the following national and international acts:
a. Convention no. 108 for the protection of individuals with regard to automatic processing of personal data (http://datepersonale.md/md/international003/);
b. General Data Protection Regulation no. 679/2016, https://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX%3A32016R0679
c. Law of the Republic of Moldova, no. 133 of 08.07.2011 regarding the protection of personal data (http://lex.justice.md/md/340495/);
d. Law of the Republic of Moldova, no. 284 of 22.07.2004 on electronic trading (http://lex.justice.md/md/328081/);
e. Government Decision of the Republic of Moldova no. 1123 of 14.12.2010 on the approval of the Requirements for the assurance of personal data security at their processing within the information systems of personal data (http://lex.justice.md/md/337094/) as well as other legal acts.
II. ELECTRONIC COMMERCE
Philip Morris Sales & Marketing SRL (hereinafter referred to as ‘Philip Morris Moldova’), based in Chisinau, 21/3 N. Dimo Street, MD-2068 (contact.md@IQOS.com, 080002400), registered with the Public Services Agency, under no. 1016600001027, on 14.01.2016, with VAT code 0609130, notification nr. P-7684/2019 from 30.12.2019, hereinafter Philip Morris Moldova.
Buyer - individual over 18 years/legal entity or any legal entity that creates an Account on the Site and places an order.
Client - individual/legal entity who has or obtains access to the website www.md.iqos.comfrom any communication device: telephone, tablet, PC, Laptop, etc.
User - any individual/legal entity registered on the site completing the process of creating the Account.
Account - A section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer's history on the Site (these may be, but are not expressly limited to Orders, warranties, shopping lists, etc.).
Order - An electronic document through which the Buyer sends to the Seller, through the Site, the intention to purchase IQOS products from the site and through which a form of communication between the Seller and the Buyer is allowed.
Products - Any IQOS good or service, including the documents and services mentioned in the Order, to be provided by the Seller, to the Buyer on the basis of a Contract concluded electronically.
Contract - A contract concluded at a distance between the Seller and the Buyer.
Content - Information that can be viewed or accessed using electronic equipment.
Review - An evaluation written by the beneficiary of a product or service, based on personal experience, about a particular product.
Comment - A critical assessment or observation of a product or of other comment.
Transaction - Receipt of an amount resulting from the sale to the Buyer of an IQOS product by Philip Morris Moldova or through Darwin distribution network, using processor services, regardless of the method of delivery.
16. Intellectual property rights and content
16.1 The md.iqos.com website is the property of Philip Morris Moldova. The site is intended for the online sale of IQOS products and devices, through www.md.iqos.com and www.darwin.md. The content of www.md.iqos.com, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Philip Morris Moldova, having all the rights conferred by the law directly or indirectly (through licenses of use and/or publication).
16.2 The Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than the original intended by Philip Morris Moldova, include any content outside of the Site, remove the logos that signify the copyright of Philip Morris Moldova on the content and participate in the transfer, sale, distribution of materials made by reproduction, modification or display of the content, except with the express written consent of Philip Morris Moldova. Any content to which the Buyer has and/or obtains access by any means, is subject to the General Sale Conditions if the Content is not accompanied by a specific and valid User Agreement concluded between Philip Morris Moldova and Buyer, and without no implied or express warranty made by Philip Morris Moldova with respect to that content. The Buyer is not allowed to copy, transfer and/or use the content in any situation, without the prior consent of Philip Morris Moldova.
16.3 If Philip Morris Moldova grants the Buyer the right to use, as described in a separate user agreement, a certain content, to which the Buyer has or obtains access pursuant to this Agreement, this right refers only to those contents which are defined in the Agreement, only for the duration of its existence or existence of such contents on the Site or for the period defined in the Agreement, under the defined conditions if they exist and do not represent a contractual commitment by Philip Morris Moldova for the respective Buyer or any other third party that has/obtains access to this transferred content, by any means that may be or is in any way prejudiced by this content, during or after the expiration of the user agreement.
16.4 No content transmitted to the Buyer by any means of communication (electronic, telephone, etc.) or acquired by him/her through access, visit and/or visualization is an obligation on the part of Philip Morris Moldova and/or of the employee/agent of Philip Morris who mediated the transfer of Content, if any, in relation to that content. Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions or by the accompanying user agreement, if any, is prohibited.
Philip Morris Moldova does not warrant that the site, servers it hosts or emails sent from Philip Morris Moldova are free of viruses or other potentially harmful computer components, that it does not contain any omissions, breakdowns, delays or interruptions in operation or transmission, blackouts or other similar factors.
18. Registration as user
Before placing the first order, the Client has the option to create an account on www.md.iqos.com, by providing the first and last name, an e-mail address, a telephone number and a password consisting of a minimum of 9 characters: Latin letters, uppercase, and lowercase letters, digits or special characters. You will also be able to use the ‘ One Time Password’ option directly from your phone number. In case you forgot the password, it can be reset by accessing my account section and entering the email address used when you created the account, and the password will be sent to this address. The Client is solely responsible for the use of the password, which is strictly confidential. The user account will be validated by sending a validation code through SMS. This code is entered in the site by validating and using the current account.
19. Confidentiality policy
Philip Morris will act with maximum due diligence so that any confidential information with/about/and in connection with any account opened on https://md.iqos.com will remain confidential. The information transmitted will be treated as confidential information and should only be used for the purpose for which it was transmitted and should not be used for other purposes without your written consent unless:
a) they were known by the party that received the information, before being made known by the party that discloses the information through a public channel, thus becoming public information;
b) it is required to be disclosed by the applicable law, court decision or competent authorities.
20. IQOS products and services provided
20.1 The list and features of IQOS products present on md.iqos.com or www.darwin.md websites, including as part of IQOS rental contracts, may be modified and adapted at any time to respond to the Clients' requests and the legislation in force. Products presented on www.md.iqos.com and within the premises of the authorized person holding IQOS rental contracts, are in compliance with the national legislation and are intended for the end users, especially for consumers who have reached the age of 18 years and not for the purpose of resale.
20.2 The product fiche can be found on the page dedicated to sold IQOS products on md.iqos.com or www.darwin.md websites. Here one can find useful and detailed information about products presented on www.md.iqos.com or www.darwin.md. The information is accompanied by one or more IQOS product images specifying the product name, product price, product characteristics. The product information sheet has a strictly informative title. Photos of products are for informational purposes only and do not create obligations for Philip Morris Moldova. We recommend to www.md.iqos.com or www.darwin.md Clients to consult the information on the site and/or, as the case may be, to contact the manufacturer for the most accurate and complete information.
20.3 Philip Morris Moldova assumes no responsibility for any errors or misrepresentations regarding IQOS products. The content of the product information on this site is for reference purposes only and is not intended to replace the advice of specialists in various fields (nutrition, health, etc.). The Client remains the only one who can check the compatibility conditions of the offer of IQOS products available on md.iqos.com or www.darwin.md with the way of using them and with complementary tobacco products already in his/her possession. In order to ensure the availability of products sold by Philip Morris Moldova in relation to its Clientele, Philip Morris Moldova reserves the right to refuse to fulfill all or part of an order considered abnormal in relation to the quantity of products normally ordered by a Client.
20.4 Products and services are available at the prices and under the proposed conditions, as displayed on md.iqos.com or www.darwin.md websites (within the limits of the available stocks). Philip Morris Moldova undertakes to provide the Client with any other complementary details necessary for the smooth running of his/her order. In an exceptional hypothesis in which the information on the availability of products would be incorrect, Philip Morris Moldova undertakes to inform the Client about these aspects by e-mail or by telephone.
21.1 Prices of products displayed on the md.iqos.com or www.darwin.md websites are the official prices and are expressed in Lei, include the V.A.T. and all related taxes, according to the legislation in force. Prices are applicable when the order is validated by the Client. If the price of the product or some of its characteristics have been displayed incorrectly on www.md.iqos.com or www.darwin.md, we reserve the right to cancel the delivery of that product and to notify the Client as soon as possible about this situation.
22. Online order
22.1 To place an order online, the Client must create an account on which will authenticate with the e-mail address and password. If you are a new Client you will fill in your details and press the registration button. The Client can access the IQOS product category and choose the desired product from the menu. The product page will show you its price and availability.
22.2 Steps to be taken in the order process:
a) By means of ‘ Add to cart’ button, the desired IQOS product will reach ‘ My Cart’. After adding a product to ‘My Cart’, it will update as you add new products. You have the following details in the menu ‘My Cart’: list and price of products added to the cart, the quantity ordered and the total value of the order. The mere fact of adding IQOS Products to the shopping cart does not equate with order validation and does not create any obligation for Philip Morris to proceed with the delivery of IQOS Products. Accessing the menu ‘Next Step’, the Buyer will select the pick-up point of IQOS products from the list of IQOS delivery points, and the payment can be chosen on the spot, between cash at the order pick up or by bank card. By selecting the ‘Place Order’ button the Buyer issues the order on the site. After registering the electronic order, we will contact the Buyer through the Call Center IQOS by the communication channels offered to us, to confirm the registration of the order, and to communicate the following information:
b) the list with the ordered IQOS items, the prices of products, the value of the order, the type of delivery, the date and time of pick up/delivery, the home delivery address;
c) the cost of the order, the method of payment and picking-up of the ordered product;
d) replacement, cancellation of products from the order and cancellation of orders: There may be the possibility that an order issued cannot be honored for objective reasons. In the event that supply difficulties arise or if the products are out of stock, Philip Morris Moldova reserves the right to inform the Client as soon as possible about the possibility of replacing the products, the products or the entire order will be canceled .
22.3 The Seller may cancel the Order of the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of one party to the other or without any party being able to claim the other damages in the following cases:
a) the issuing bank does not accept the Buyer's card, the transaction, in case of payment by electronic card;
b) the transaction is invalidated by the card processor approved by Philip Morris Moldova, in case of payment by bank card;
c) the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
d) the deadline for taking orders is exceeded, in case the Client cannot be contacted and is not found at the delivery address.
e) failure to reach the legal age for smoking: 18+, which must without fail be demonstrated by the Buyer by presenting his/her identity document, in accordance with Article 25 of the Law no. 278/2007 on tobacco control.
22.4 In all the situations presented above, the Buyer will be informed by e-mail regarding the changes of replacement or cancellation.
23. Payment, transport and delivery of products
23.1 Payment can be made:
a. in cash or by debit or credit card
c. when ordering from the store
23.2 There is no lower or higher limit on the value of IQOS orders that can be placed through the Website. However, if the Client chooses to pay in cash the total amount of the order, the respective value of the order will not be able to exceed the ceilings provided in the sum of __. Philip Morris Moldova does not require from its Clients by e-mail, written messages, telephone calls or by any other communication means, information regarding bank accounts, passwords or data associated with debit or credit cards. This information is strictly confidential. The Client is responsible for maintaining the confidentiality of the Account data, the password and the bank data used to pay for the products. The information entered in order to make a card payment (card number, password, card validity date) is not collected, stored, and processed by Philip Morris Moldova, but will be processed exclusively by the financial banking units issuing the cards. Products on this website are marketed through online payment solutions offered by the payment processor. All banking transactions on md.iqos.com or www.darwin.md will be carried out in a secure manner, the payment processor being the guarantor of protecting all personal data and information related to the payment methods. The tax receipt and/or the tax invoice will be issued for each order and will accompany the delivered products and/or will be sent in electronic format.
24. Delivery of products:
24.1 The delivery of IQOS products takes place only at the Darwin collection IQOS point. The Buyer is contacted by the IQOS Call Center or receives a call from the Darwin Call Center to confirm the time and delivery address/pick up of products. When receiving the product, the data indicated by the Client in the application form must correspond to the data in the Client’s identity document.
24.2 The guarantee note will indicate the following personal data of the Buyer, as in the case of placing the electronic order: first name, last name and signature, telephone or email number, which will serve as his/her identification criterion, and shall be included on both sides of the guarantee note. The guarantee note is issued in two copies: one for the Client and respectively, one for the Seller.
25. Quality and guarantee
25.1 The guarantee is granted to the Buyer based on applicable provisions respectively of Law no. 105/2003 on consumer protection, Law no. 284/2004 regarding electronic commerce and Law no. 241/2007 regarding electronic communications, etc. including the Civil Code. A legal guarantee of compliance is granted on the basis of the Guarantee Certificate. According to Article 11 of Law 105/2003, each Client may request first of all, in the event of non-compliance, the repair of the product, or has the right to request the replacement of the product, unless the measure is impossible or disproportionate. Product replacement is possible only within the limit of available stock. Upon receipt of goods, the Client is recommended to ensure that the delivered products correspond qualitatively and quantitatively to his/her expectations. In the event of IQOS Rental Contract, the guarantee, quality, rights and obligations of the consumer are specified in the provisions of the contract.
26. The Client is entitled to return the products within 14 calendar days from the entry into possession of the devices as follows:
a. To ask for the return:
b. To right to return may intervene in the following conditions:
-The return of IQOS products may be accepted if:
-The packaging shows severe damage;
-The product was delivered/invoiced incorrectly;
-The product has manufacturing defects;
-The product does not respect the content mentioned at the time of the Order;
-The product shows qualitative defects;
27. In all cases mentioned in the previous point, the costs related to the return of products (transport) shall be covered by the Seller.
28. The following cases are exempted from the right of withdrawal from the contract (the return is not accepted and it is not reimbursed):
-Lack of tax receipt;
-Lack of documents supporting the delivery of the product;
-The maintenance conditions were not respected;
-The products can be returned directly or by courier to the point of purchase.
29. Products that are sent by courier must be packaged and delivered in full to the courier, as requested. The Seller may cancel the contract and cancel the order, and automatically return the value of the order under the following conditions:
-the address and contact details, including the age of the Client, are incorrect or missing;
-refusal to receive the order;
-the Client cannot be contacted and cannot be found at the home address.
30. In this case the parcels will be kept 7 days in the courier's depot, interval in which their shipment will be tried twice, and then they will return to the collection point from where the products were purchased.
-When returning the products, the Buyer must present:
-the original tax receipt/copy proving the purchase of the product;
-the product/products to be returned;
-the guarantee certificate (if applicable).
31. The order should be fully or partially reimbursed within a maximum of 14 days from the receipt of products by the Seller. The refund of the amounts collected will be done as follows:
-to the same Client who generated the online payment
-on the spot, cash/return receipt in case of returns made directly at the collection point.
32.1 Philip Morris Moldova will take at all times all the measures provided by the Law in order to notify the authorized bodies regarding possible fraudulent activity, including money laundering actions.
33. Liability limits
33.1 Philip Morris Moldova may at any time amend the Terms and Conditions of www.md.iqos.com site, with the new provisions becoming public and binding on Clients from the date of their uploading to the site.
33.2 Philip Morris Moldova is not responsible for any damages – harm caused by the improper use of IQOS products, their use for purposes other than that for which they were manufactured, as well as by the failure of Clients to read and follow the instructions for use accompanying the products.
34. Information for consumers:
Agency for Consumer Protection and Market Surveillance
mun. Chisinau, str.Vasile Alecsandri 78, MD-2012
080028028 (toll free for all districts)
The examination of the complaint can be performed upon presentation of the receipt, or another document confirming the purchase of the product or the provision of the service.