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Terms of Product Sales

dated April 15, 2019

These Terms of Product Sales shall determine the terms and conditions under which Registered Users of the Website may order or purchase the Products through the Internet shop. Please note that none of the provisions of this Agreement and none of the elements of the Website content may be considered as a public offer by PMSD or the Seller. Information about product characteristics, prices, and other information have been posted on the Website for informational purposes only and in order to enable you to develop an offer to the Seller for entering into a sales and purchase agreement.

1. Terms and Definitions

When used in these Website Terms of Use, unless otherwise required by the context, the following terms shall have the following meanings:

1.1. Website shall mean this website www.iqos.com.ua;

1.2. Terms of Use shall mean the Terms of Use for the website www.iqos.com.ua dated March 11, 2019;

1.3. Products are tobacco-containing products, tobacco-heating electronic systems, and other goods presented on the Website;

1.4. PMSD LLC, PMSD shall mean Philip Morris Sales & Distribution Limited Liability Company, located at: building 45, Elektrotekhnichna Street, Kyiv, 02660, legal entity identifier code: 39540982, which is a Products importer;

1.5. Seller, or we (in all cases) shall mean Technoline Trade Limited Liability Company located at the address: building 11-a, Sichovykh Striltsiv Street, Kyiv, 04053, legal entity identifier code: 41962630;

1.6. Internet shop is a part of the Website (where you can access section «BUY»), through which registered users can order or purchase Products from the Seller;

1.7. Terms of Product Sales shall mean these Terms of Product Sales;

1.8. Gift Certificate or Certificate can be found in the Certificates Terms of Use;

1.9. Promo Code can be found in the Promo Codes Terms of Use.

2. Product Ordering Procedure

2.1. You may order Products provided that you have registered on the Site, have read and accepted the Website Terms of Use and these Terms of Product Sales, and also meet the requirements set forth in the Terms of Use, namely: (1) you are at least 18 years of age, ( 2) you are a consumer of tobacco and/or tobacco-containing products, and (3) you reside in the territory of Ukraine.

2.2. You shall send orders for product sales to the Seller by clicking the "Order" active link in the "Your Basket" section on Internet shop page and selecting the method of payment and delivery by completing the appropriate form or by calling 0-800-507-807. By sending your order via Internet shop, you thereby express your intention to consider yourself to be obliged to make a purchase according to your order if it is accepted by the Seller.

Please note that the cost of the Products specified in the Internet shop includes taxes that may be applied when selling Products.

2.3. Your order shall be considered to be an offer to the Seller for entering into a purchase and sale agreement for the Products indicated in your order, under the conditions specified by you at the time of registering the order and the conditions contained on the Website and in these Terms of Product Sales. The Seller may, at its own discretion, refuse to sell the Products to you according to your order (deny your offer). To verify the validity of the order, your verbal confirmation of your age, and also on other matters, the Seller or his authorized person can contact you by phone or by other means of communication.

2.4. The Seller shall confirm acceptance of your order (accepts your offer) by sending you an e-mail to the address you've specified when registering on the Website, this message will contain your order number. The sale and purchase e-agreement shall be considered to be concluded at the time the order confirmation is sent to you.

2.5. After you receive your order confirmation, you can send a request to the Seller, if necessary, about the receipt of the agreement in an uneditable form. At your request, you will receive an email containing all the essential terms and conditions of the agreement between you and the Seller.

3. Sale and Purchase Electronic Agreement

3.1. When the Seller accepts your order, a sale and purchase electronic agreement (hereinafter referred to as "Agreement") is concluded between you and the Seller. The main terms and conditions of this agreement shall be determined by these Terms of Product Sales, the information provided on the Website selected by you when ordering the terms of delivery and payment for the Products, as well as the current legislation of Ukraine.

3.2. The Seller retains the right of the Products pledge until you pay for your products, the Seller or his/her representative who performs delivery confirms your age, and the Product is transferred to you. In any case, the Seller's right of the pledge cannot cease until the products are transferred to you. In the case that the sales and purchase agreement is rescinded, the Seller shall retake the Products without any agreement with you.

3.3. You shall be entitled to cancel the order, that is to terminate the Agreement, without imposing penal sanctions until the Products ship. You must notify the Seller thereof by e-mail or by phone.

3.4. The Seller reserves the right to terminate the Agreement upon written notification (including by e-mail) to you on an ex parte basis. If the Seller rescinds the Agreement, you shall not be eligible for reimbursement of your direct costs. If you paid for the order in advance and the Seller terminates the Agreement, the Seller shall be obliged to return the funds to you in full pursuant to paragraph 3.6. below.

3.5. The sale and purchase agreement shall be considered to be terminated from the moment of occurrence or finding by the PMSD, the Seller or its delivery agent, of any of the following circumstances:

• you refuse to receive the Products according to your order;

• you refuse to pay for the Products under the sale and purchase agreement;

• you cannot confirm that your personal data correspond to those indicated on the Website at the time of registration;

• you cannot confirm you are 18 years old to the Company, the Seller or the delivery contractor.

3.6. In case of termination of the sales and purchase agreement before the transfer of the Products to you, the Seller or his/her delivery agent will not deliver the Products to you. In case you paid in advance, the Seller will return the money paid to you within thirty (30) days from the moment of your notification of termination of the sales and purchase agreement.

3.7. You shall be entitled to terminate the agreement (except for the HEETS purchase contract) subject to the Seller's notification within fourteen days from the date of receipt of the document certifying the fact of a deed execution. The Seller must return the paid funds without any delay within thirty days from the moment you've notified of termination. You can return the Products through one of the following ways:

(1) personally returning the Products to one of the shops listed in paragraph 5.3. of these Terms of Product Sales; or

(2) by sending the Products by mail to the Seller's address. When sending by mail, you should specify that shipment shall be carried out at the recipient's (Seller's) expense.

The notice of the Products' return must be made by you in writing, contain its date, one of the Products return options above, and your signature. You must send this notice and the original document certifying the fact of the deed by mail with a schedule of enclosures to the Seller. The Seller shall be entitled not to accept your message (and accordingly, you will lose your right to return the Products to the Seller) if this notice has been issued or sent by you in violation of the procedures provided for in this paragraph of the Terms of Product Sales.

The Products return procedures stipulated hereby shall not apply to a direct purchase (payment and receipt) of the Products in a store, even if such Products were ordered through the Internet shop. In this case, the general rules for returning the Products of proper quality, as defined by the current legislation of Ukraine, will be applied.

4. Payment Method and Discounts

4.1. You can pay for your orders in the following ways:

• Cash payment upon receipt of the order;

• Bank card payment upon receipt of the order;

• Online payment using Liqpay service: unfortunately, no paid orders can be changed now (either through the contact center or in the user account).

4.2. By purchasing the Products through Internet shop under the terms of this Agreement, you can receive a discount by using the Gift Certificate or Promo Code in accordance with the terms of their use.

5. Delivery

5.1. Courier delivery

Applicable in the cities of Kyiv, Dnipro, Lviv, Odesa, Kharkiv, Zaporizhzhia, Vinnytsia and Khmelnitsky:

order of 900 UAH or more — free express delivery of HEETS, systems, and accessories, daily from 10 a.m. to 10 p.m. order up to 900 UAH — express delivery of HEETS, systems, and accessories, daily from 10 a.m. to 10 p.m. The order shall be paid for online or by cash to a courier. Delivery costs 50 UAH — payment shall be made by cash to a courier upon receipt or via LiqPay service.

Delivery to the suburbs (maximum 30 km) shall be carried out within 4 hours from the moment of confirmation. The order shall be paid for via LiqPay. Delivery costs 100 UAH — payment shall be made by cash to a courier upon receipt.

For order confirmation, we will certainly contact you, and also you have the opportunity to contact us on your own. HEETS and accessories to be delivered on the same day can be ordered until 8 p.m.

5.2. Nova Poshta delivery:

Shall be paid by the recipient according to Nova Poshta rates.

Orders by Nova Poshta will be formed subject to a complete LiqPay pre-payment on the website. You can choose one of the most convenient methods for you: (1) by Card — according to banking details; (2) by Cash — having formed a temporary account for payment at Privat Bank teller terminal within 72 hours; (3) in Privat 24 user account.

The confirmed and paid orders shall be dispatched on the next day. The orders formed on Friday, Saturday, and Sunday shall be dispatched on the next working day, Monday.

We can contact you to clarify the data, you can also do this on your own by number 4767 or via Viber/Telegram Bot (IQOS Ukraine).

5.3. To pick up in a shop:

Flagship boutiques:

Kyiv:

• IQOS Space — 7-B Lesi Ukrainky Ave., 01133

Hours of Operation: 9 a.m. - 8:30 p.m.

• POP-UP

o POP UP TSUM TEC — 38 Khreshchatyk St., 01001 (6th floor, next to the food court)

Hours of Operation: 10 a.m. - 10 p.m.

o POP UP Lavina Mall — 6-D Berkovetska St., 04128 (Exit 2 at the Epicenter, next to the landmark stores-points of reference: ACTORS, MARSEES, BLESSED, ART city)

Hours of Operation: 10 a.m. - 10 p.m.

o POP UP Skymall — 2-T Henerala Vatutina Ave., 02000 (2nd floor, 2 near Tommy Hilfiger and Lacoste stores)

Hours of Operation: 10 a.m. - 10 p.m.

o IQOS point — 6 Yaroslavska St.

Hours of Operation: 10 a.m. - 10 p.m.

Odesa:

• IQOS Space (City Centre TEC) — 2 Nebesnoi Sotni Ave., 65000 (1st floor, left wing, near Navigate, Fellini, Betty Barclay)

Hours of Operation: 10 a.m. - 10 p.m.

• POP-UP

o POP UP Riviera TEC — 101-A Pivdenna Doroha St., Fontanka, 67562

Hours of Operation: 10 a.m. - 10 p.m.

Dnipro:

• IQOS Space (Passage TEC) — 50 Dmytra Yavornytskoho Ave., 49000

Hours of Operation: 10 a.m. - 10 p.m.

• POP-UP

o POP UP Karavan TEC — 17 Nyzhniodniprovska St., 49000

Hours of Operation: 10 a.m. - 10 p.m.

Kharkiv:

• IQOS Space (Frantsuzkyi Bulvar TEC) — 44-B Akademika Pavlova St., 61000

Hours of Operation: 10 a.m. - 10 p.m.

• IQOS Space (Karavan TEC) — 7 Heroiv Pratsi St., 61000

Hours of Operation: 10 a.m. - 10 p.m.

• POP-UP

o POP UP Atrium Shopping Center — 102 Sumska St., 61000

Hours of Operation: Mon-Sun 10 a.m. - 7:30 p.m., Sun 10 a.m. - 6:30 p.m.

o POP UP Duffy Shopping Center — 9 Heroiv Pratsi Ave., 61000

Hours of Operation: 10 a.m. - 10 p.m.

Lviv:

• IQOS Space (Forum TEC) — 7-B Pid Dubom St., 79000 (2nd floor, between MOYO stores and Nail & Colour salon)

Hours of Operation: 10 a.m. - 10 p.m.

• POP-UP

o POP UP King Cross TEC — Lviv region, Pustomytivskyi district, Sokilnyky village, 30 Stryiska St., 81130

Hours of Operation: 10 a.m. - 10 p.m.

o POP UP Victoria Gardens TEC — 226-A Kulparkivska St., 79000

Hours of Operation: 10 a.m. - 10 p.m.

Zaporizhzhia:

• IQOS Space — 83/85 Sobornyi Ave.

Timetable: 10 a.m. - 10 p.m.

Vinnytsia:

• IQOS Space — SKYPARK TEC, 24/51 Soborna St., Ovodova,

Timetable: 10 a.m. - 9 p.m.

Khmelnytskyi:

• POP UP Oasis TEC, 2a Stepana Bandery St.

Timetable: 10 a.m. - 9 p.m.

The list is for informational purposes and may vary.

6. Returning IQOS

You can return the IQOS device within 14 days from the moment of purchase. Funds shall be reimbursed only subject to a sales receipt availability and in the same way as IQOS device has been paid for (cash or non-cash payment). Tobacco-containing products shall not be subject to return.

We will be obliged to deny returning/replacing your product with a new one if:

• it has been longer 14 days from the moment of the products' purchase/receipt.

• when checking the quality of the product's defects have been violating the terms of warranty service (liquids ingress, etc.).

• there is no document confirming the fact of the product purchase, no sales receipt, or any products set item is absent.

• the product has been in use and is not in a ready-for-sale condition.

7. Warranty

The Seller provides the user with a warranty for the following IQOS tobacco heating system devices:

• IQOS Pocket Charger

• IQOS Holder

• IQOS Power Supply Unit

The warranty period is 12 months from the date of purchase. The date of purchase shall be confirmed by the original payment document (sales receipt) and/or the warranty certificate indicating the date of purchase. The said documents shall be provided to the Seller for obtaining warranty services.

Please note: non-compliance with guarantee terms, attempts to open, modify or repair a device both by the user and the service provider, not by the authorized manufacturer or its authorized representative will void the warranty for IQOS heating system, and you will not be able to use the warranty by approaching a certified store.

Only use the services of official service centers indicated in documents accompanying the Products

8. Client Support Service

We are ready to answer all your questions at the hotline number 4767 or by e-mail. Client Support Service 4767 operates daily from 9.30 a.m. to 9.30 p.m. You can also leave a message for us on the website 24 hours a day, and we will contact you at a time of your convenience. Call us: 4767 or 0-800-507-807 (toll-free within Ukraine). Write to us: support@iqos.com.ua.

9. Personal Presentation

To make your introduction to IQOS simple and enjoyable, you can order a personal presentation of IQOS goods (service is provided free of charge). You can get a personal presentation at IQOS store or order a specialist to visit you at hotline number 4767. Also, when you buy the product, a specialist will explain and show you within 15-20 minutes how to use and care for your device. The personal presentation service is available in Kyiv, Lviv, Kharkiv, Dnipro, and Odesa only for adult smokers or adult consumers of tobacco-containing products.

10. Personal support for new users (Qonsultance)

We offer adult smokers and tobacco consumers who have recently bought IQOS to join the QONSULTANCE program. Through this program, we will provide all the necessary information on using the product for the most comfortable transition to IQOS. The call center consultant will contact you within 10 days at your convenience (but not more than 4 times). During these calls, you will be able to receive important information on how to use IQOS, as well as additional advice and recommendations that will help you to evaluate all the benefits of this innovative product.

11. Conditions for obtaining a test drive

Test drive could be provided in 2 options:

11.1. Conditions for obtaining a test drive for 7 days:

The service is provided in Kyiv, Lviv, Kharkiv, Odesa, Dnipro, Zaporizhya, Vinnitsya, Poltava, Ivano-Frankivsk, Khmelnytskyi, Mariupol, Krivyi Rih, Kramatorsk, Kremenchug, Lutsk, Rivne, Sumy, Ternopil, Uzhorod, Kherson, Cherkasy, Chernihiv, Mykolaiv, Zhytomyr and Chernivtsi.

Client is contacted by IQOS Expert during 24 hours since placing the order for the test at iqos.com.ua.

Test drive is available both for all legal aged nicotine users (hereinafter — clients) among Ukrainian citizens and IQOS device users.

Test drive consists of IQOS Device for 1 UAH, at your own discretion, you can supplement it with the tastes of HEETS, who would like to try, at least all at once (at 55 UAH / each pack).

Test drive including IQOS device and the required components you added yourself (If there are any), will be delivered by delivery service at the mentioned time slot.

Length of test drive period is 7 days. There could be issued only one order and one device for lending provided at the same time. After the end of testing period, IQOS must be returned. Another test-drive can be provided in 30 calendar days after the previous order complete and upon condition of test device return.

At the end of the test drive period client is contacted by IQOS representative, who helps to choose the most convenient option to return IQOS device — ordering free delivery service or return it to any IQOS Space in the same city — addresses here (not applicable during quarantine).

While creating the order for test-drive, you have to list the name and surname of order receiver in format and on the language as it specified in the document that verifies client's personality (such documents are listed below), as well as to provide valid phone number.

To receive a test-drive client has to provide the original documents of passport/ ID card/driving license/residence permit/international passport/diplomat passport issued by Ukrainian government, e-copy of original versions of documents in mobile application "Diya" under the condition their validation by delivery service or IQOS Space representative during the meeting. To receive a test-drive delivery service or IQOS Space representative must verify the client's personality and age (18+). Until the personality and age is confirmed delivery service or IQOS Space representative is allowed not to provide the order to client.

Order can be issued only to the client indicated in the order and can’t be received by other person or passed to other person for usage. In case name and surname in order do not match with how it specified in the document that verifies client's personality, delivery service or IQOS Space representative to reject to issue the order. Delivery service or IQOS Space representative to reject to issue the order are authorized to reject to issue the order based on any other reasons, without any explanations of such reasons to the client.

11.2. Conditions for obtaining a free test drive for 7 days:

Currently service is available in Zaporizhya, Vinnitsya, Poltava, Ivano-Frankivsk, Khmelnytskyi, Mariupol, Krivyi Rih, Kramatorsk, Kremenchug, Lutsk, Rivne, Sumy, Ternopil, Uzhorod, Kherson, Cherkasy, Chernihiv, Mykolaiv and Zhytomyr.

Client is contacted by IQOS Expert during 24h since the request was completed at iqos.com.ua.

Off-site meeting with IQOS Expert is possible only if meeting place responses mandatory requirements:

  • electronic heat not burn tobacco systems are allowed to be used there.
  • no children (0-17 years) or pregnant women would be present near meeting place.
  • meeting place is not under private homeownership.
  • meeting place is located in the city limits.

IQOS device is provided in test-drive for free and is available for all legal aged nicotine users among Ukrainian citizens, who don’t have IQOS tobacco electric heating system (hereinafter — IQOS) device orders in their personal iqos.com.ua account and who are not actual IQOS device users.

IQOS Expert could personally make a decision whom to provide and not provide a device for test-drive.

Length of test-drive period could be up to 7 days. After the end of mentioned period, IQOS device must be returned to IQOS Expert.

To receive a test-drive client has in a meeting to provide to IQOS Expert the original documents of passport/ ID card and card of taxpayer. Client may bring manual or e-copies of mentioned documents if he or she has the original documents of driving license/personal bankcard with a photo/ pensioners certificate/combatant certificate/residence permit/international passport/mariner passport/aircraft captain passport/diplomat passport issued by Ukrainian government, e-copy of original versions of documents in mobile application "Diya" under the condition their validation by IQOS Representative during the meeting. To receive a test-drive IQOS Expert must verify the client's age (18+). Until the age is confirmed IQOS Expert is allowed not to provide a test drive.

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