TERMS AND CONDITIONS

 

Last update: August 8th, 2018

TACASA welcomes you to its website web www.iqos.com

These terms and conditions regulates the access, navigation and use of the websites and its services. The website and its services are ONLY AND EXCLUSIVELY FOR TOBACCO PRODUCTS CONSUMERS (with or without combustion) AND RELATED PRODUCTS, ABOVE 18 YEARS OLD THAT LIVE IN GUATEMALA. To access the website it is necessary to expressively confirm that you are legal age, and when surfing the website you accept the terms and conditions. If you are not legal age or you do not agree with the terms and conditions you are obliged to leave the website. PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE SURFING THE WEBSITE. When creating an account in the website, you will be obliged to expressively accept the terms and conditions.

 

  1. Glossary

  • Consumer: means any user that has an account in the website and that buys any product.

  • Sale conditions: means the conditions establish in chapter 8 of the terms and conditions.

  • Account: means the user account mention in chapter 7 of the terms and conditions.

  • HEETS™: tobacco product specially design to be use with IQOS™. The HEETS™ contains tobacco of high quality that are heated instead of burned, offering the adult smoker a true tobacco taste without fire, ash or smoke; and less odor tan cigarette smoke.

  • IQOS™: is a revolutionary tobacco heating system design to heat instead of burn tobacco units specially design (sold under the trademark HEETS™) between a control temperature range, which generates aerosol with tobacco flavor without fire, ash or smoke.

  • Product: means all products that TACASA commercialize on their website such as IQOS™ & HEETS™.

  • Guided Trial: Step by step detail explanation of the functionality, technology and use of IQOS™ y HEETS™.

  • Privacy Policy: means the personal data treatment policy of the website.

  • Cookies Policy: means TACASA policy of cookie use in the website.

  • Website: means all website own by TACASA, such as: www.iqos.com

  • Services: means the selling of products, information, and costumer care services offer by

  • TACASA: means Tabacalera Centroamericana, S.A., a corporation created in accordance with Guatemalan laws.

  • Terms and conditions: refers to the present document that regulates the web site and the services render by TACASA.

  • Shop: refers to the store own by TACASA located in:

    • Plaza Fontabella

    • Address: 4a avenue y 12 street zone 10, local 5E (First level, next to Frisco Grill)

    • Attention hours:

      • Monday-Wednesday: 10:00am-9:00pm

      • Thursday-Saturday: 10:00am-10:00pm

      • Sunday: 10:00am-7:00pm

  • User: means any person who Access and navigates the website and/or creates an account.

 

  1. Geographic restrictions

We are based in Guatemala. We offer the use of the websites only to Guatemalan residents. The websites, or any part of their content, may not be accessible or appropriate outside of Guatemala. Access to the websites may not be legal for certain people or from certain countries. If you decide to access the websites from outside of Guatemala, you do so at your own risk and shall be liable for compliance with local laws.

 

  1. Privacy Policy

For TACASA your privacy is very important. We have created our Privacy Policy that regulates the use we gave to the information we collect. We invite you to read our Privacy Policy and our Cookies Policy.

 

  1. Access to the website

Access and use of this website implies acceptance of the legal disclaimers, conditions and terms of use contained therein. TACASA makes every effort to ensure that the websites are properly used and to prevent damage of any kind that may arise.

TACASA is not liable nor guarantees that access to this website will be uninterrupted or error-free, nor that the software that can be accessed through this website is free of third-party errors. Similarly, TACASA shall in no case be liable for losses or damages of any kind arising from the access and use of the website. TACASA is not liable for any damages that may arise from the inappropriate use of this website and, in particular, for downtime, interruptions or telecommunication failures that may occur.

The services offered on this website can only be used correctly if the technical specifications for which it has been designed are met. Likewise, it may obtain magnetic data to have proof of the operations and/or transactions conducted by the "user".

These terms of use allow you to use the websites only for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, display or publicly perform, republish, download, store or transmit any of the materials on the websites, with the following exceptions: (i) your computer may temporarily store copies of said materials in the RAM accidentally when you access or consult the same; (ii) you can store files that are automatically saved in the temporary memory of the browser in order to better display the same; (iii) you may print or download a copy of a reasonable number of pages from the websites for your personal use only, but not for subsequent reproduction, publication or distribution; and (iv) if we provide computer, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided that you accept our end-user license agreement for said applications.

 

  1. Minors

Minors are prohibit to Access and navigate the website. The website and its services are only and exclusively for tobacco users with or without combustion above 18 years old and residents of Guatemala.

 

  1. Intellectual property rights

All intellectual and industrial property of the web site and the content placed in the website, for example images, logotypes, text, digital downloads, graphics, audio clips and data collection are exclusively property of TACASA, and are protected by the laws of Guatemala as well as any international laws of intellectual property and copy rights. It is not permitted the systematic subtraction or the reused of any of the content of the website without the express consent of TACASA.

 

  1. User Conduct

The user shall not perform the following activities while using the web site:

  • Use the website in any way that could cause any harm to the website or to TACASA or that could put in jeopardy the Access and performance of the website.;

  • Transmit by any media any content that is illegal, threatening, abusive, defamatory, rude, obscene or in any way censurable that could jeopardize the privacy rights of a third party;

  • Impersonate any person or entity, including but not limiting a TACASA representative, or declare any false affiliation with any person or entity;

  • Breach any national or international law;

  • Manipulate the website using framing or any similar technology; and,

  • Communicate his/her username, password or any Access information to non-authorized persons.

 

  1. User account, password and security

  • User account creation: In order to acquire the products offer by TACASA in the website, it is mandatory for the user to complete all the registration process and to create a user account in which the user has to share real, accurate data. Only tobacco product user, with or without combustion and legal age can create an account.

  • Data storage. The user authorizes TACASA to storage his/her data in a server located in United States of America.

  • Password. The user is responsible to take all necessary measures to guard the password and has the obligation to inform TACASA in case his/her password has been reveal to third parties or has been used by a non- authorized third party.

  • Legal age verification: In order to create an account, the user has to confirm that he/she is above 18 years old.

  • User accounts responsibility: The user has the responsibility to keep confidential his/her password as well as all data of his/her account and has the obligation to inform TACASA of any non-authorized use of his/her account or any security breach.

  • TACASA responsibility for inappropriate use of the accountTACASA will not be responsible of any loss that occurs if any third party uses a user account with his/her knowledge. The user will be responsible for any damages that TACASA could suffer in case of an improper use of the account by a third party.

  • Use of accounts by a third party: The user cannot use third party accounts.

  • TACASA’s right to cancel, erase or deny a user account and informationTACASA has the right to deny or cancel any user account in case the user breaches Guatemalan law, these terms and conditions and all applicable policies.

  • How I cancel my account?: The user may cancel his/her account at any time and for any reason. To do so, the user has to contact the Costumer Care Service Center at 1800 300 0159.

 

  1. Sale Conditions

The following sale conditions apply to the product sale by TACASA. PLEASE READ CAREFULLY THE SALE CONDITIONS BEFORE ANY PURCHASE.

When the user place an order, a confirmation message of the order will be send to the user’s email address. Once this email is send the user would not be able to cancel or modify his/her order. The invoices will be send also to the user’s email address. TACASA will sell product in accordance with the typical necessities of a consumer up to 5 bundles of HEETS™ per order and up to 3 Kits of iQOS per order.  This applies to the quantity of products requested in the same order and also when the user request several orders that do not follow normal personal consumption necessities of a consumer.

  • 9.1 Right of Withdrawal

The consumer has the right of withdrawal, only if the following conditions are met:

  • The right of withdrawal is solicit personally;

  • The right of withdrawal is solicit during the next 5 business days after the consumer receives the product; and,

  • The products have not been used.

Every user without any exception shall go to our Shop in order to solicit his/her right of withdrawal.

For more information about the right of withdrawal, please contact the Costumer Care Center Service at the following email address contact.gt@iqos.com, or call at 1800 300 0159.

  • 9.2 Right of Withdrawal Effects

In case a costumer solicits the right of withdrawal in Compliance with all legal requirements and conditions establish in the sale conditions and in the terms and conditions, TACASA will refund to the user the amount paid and the user shall give TACASA the product back.

  • 9.3 Right of Withdrawal Exceptions

The Right of Withdrawal will not be accepted when:

  1. When a third party solicits the right of withdrawal on behalf of the user,

  2. The products plastic material and the sealing stamp has been remove, open or damage. TACASA will only accept the return of the products in the plastic material and the sealing stamp have not been open or damage. 

  • 9.4 TACASA’s Voluntaty Warranty

Regardless of its legal rights, TACASA provides to the users the following voluntary warranty:

All products can be return in the following 5 calendar day from the day the user receives them if the products are not used, are complete and have no damages. The products have to be return in our Shop located in (4a avenue y 12 street zone 10, Plaza Fontabella, Local 5E).

All users that returns any product in accordance with this voluntary warranty will have the right to receive a refund for the price they paid for return products.

TACASA will replace, in accordance with Guatemalan laws, the IQOS™ system that turns out to be faulty due to manufacture defects and only if the user have used the IQOS™ system in accordance with User Guide and the Warranty Guide .

  • 9.5 Prices and availability

All prices shown in the website include all applicable taxes including IVA.

The website shows the information related to the availability of the products, detailing such information in all of its products. When processing an order, an email will inform the user as soon as possible if any of the products is not available. If this is the case no payment would be applicable.

  • 9.6 Product information

The website shows general information of the products. TACASA recommends that before using any product, you read all labels, warnings and instructions that the products bring.  TACASA would not be responsible of any inadequate use of the products.

  • 9.7 Guided trial consent

Accepting these terms and conditions, the consumers accepts the following:

  1. Accepts TACASA to provide you a guided trial of its products.

  2. Understands that the guided trial implies the consumption of a tobacco product and that is not risk free.

  3. TACASA informed you that the products are exclusively for legal age tobacco consumers that do not intend to stop smoking and/or consuming tobacco. That IQOS & HEETS are an alternative exclusively for adults smokers and/or adult tobacco consumers, that would have continue smoking or/and consuming tobacco.

  4. Understand that the products cannot be offer and cannot be used by people that are not tobacco consumers, people that have quit tobacco and/or minors.

  5. Understands that the products are not risk free; that they contain nicotine which is addictive; and that the best way to reduce health risk is to stop tobacco consumption all together.

  6. Declares his/her free and informed consent to give to TACASA his/her personal data in order to be part of the guided trial. Accepts that TACASA can capture and storage the data in any format. Also accepts that the data can be transfer to third parties, within Guatemalan territory or cross borders and because of that no additional consent is required for that transfer to happen

  7. Understand that his/her data will be handle in accordance with PMI Privacy Policy available in www.iqos.com

 

  1. Electronic communication

Every time a user uses a service of TACASA or sends an email, a text message thru its mobile or any communication from his/her computer he/she will be communicating with TACASA electronically. TACASA will contact the user by several media such as: email, telephone call, text message, application notification or posting communication in its website.  In accordance with the terms and conditions, the user consents to receive this communications of TACASA thru electronic means and accepts that all contracts, communications and notifications that are send in an electronically way satisfy all requisites of any written communication, contract or notification.

 

  1. Changes to these terms and conditions

TACASA reserves the right to periodically review and update these conditions, the privacy policy and the cookie policy at our sole and exclusive discretion. All changes will be effective immediately when published. We invite you to consult these terms and conditions periodically.

If the user does not comply with the terms and conditions and TACASA does not take any immediate action, that does not mean that TACASA waivers any right to take action in the future.

 

  1. Applicable law

The terms and conditions, privacy policy and cookie policy will be interpreted in accordance with the laws of Guatemala. TACASA and the user voluntary agree to resolve any issue in the Courts of Guatemala City in Guatemala. Therefore the user can only claim any consumer rights of the terms and conditions in Guatemala.  

 

  1. Tolerance

If the user does not comply with the terms and conditions and TACASA does not take any immediate action, that does not mean that TACASA waivers any right to take action in the future.

 

  1. Legal Information

Tabacalera Centroamericana, S.A., a corporation created in accordance with Guatemalan laws.

Email address: contact.gt@iqos.com  

This website was created by TACASA, in order to communicate objective and relevant information of its products and also for the sale and use of its products.

  

  1. Contact TACASA

You can contact us at:

Tabacalera Centroamericana, S.A.

Boulevard Los Próceres 24-69, Edificio Empresarial Zona Pradera, Torre IV, Nivel 18, Zona 10,

Guatemala

República de Guatemala

 

TERMS & CONDITIONS

LENDING GUATEMALA

 

  1. GENERAL

The following Terms & Conditions regulate the use of Lending tool created by Tabacalera Centroamericana S.A. (TACASA).

  1. LENDING OBJECTIVE

Promote the conversion of new legal aged smokers (LAS) through lending them devices for trial.

  1. DETAILS OF LENDING

A device will be given for trial along with 5 Heets packs to LAS that are interested in trying our product before purchasing. The 5 Heets packs will be sold on a price of Q50.

If the LAS decides to buy the device at the end of the trial period, he/she will receive 500 IQOS Club Points to use on their next purchase.

If the LAS decides not to buy the device, he/she will return it in the same conditions as it was received. If the LAS doesn’t comply, he/she will have to pay for the damaged or the total price of the device, depending on the damage on the device.

  1. ACCEPTANCE

All LAS that accept to participate on the Lending Program accepts these Terms & Conditions published on March 15th, 2021 and adheres to the totality of their content. It is advised that the user reads and understands these Terms & Conditions, since they can be updated or modified by TACASA in any moment.

  1. VALIDITY

The lending program will be valid from March 15th 2021 until TACASA decides to end it. Although users can enter the program in different dates, each user will form part of the program, exclusively, since the moment TACASA decides to and since the user receives its device as a loan and the packs purchased to try our product.

TACASA reserves its right to suspend or terminate the Lending program at any time, without any cause or obligation but to communicate such decision to the users through the media channels TACASA considers convenient, at least 10 days in advance from the effective termination or suspension date. 

  1. ENTRY SYSTEM AND CONDITIONS OF PERMANENCE IN THE PROGRAM

Only those people who are of legal age and smokers, previously selected by TACASA at its sole discretion, who comply with all the conditions stipulated herein, may participate in the Lending Program. To this end, TACASA reserves the exclusive and excluding right to select the LAS that will participate in such program.

  1. JURISDICTION AND APPLICABLE LAW

TACASA reserves the possibility of exercising the corresponding legal actions against those who violate or infringe the previously established. The terms and conditions that govern the Lending program and all the relationships that may arise from it are safeguarded by Guatemalan legislation and are protected by national and international legislation. Any controversy that may arise from participation in the Lending program is subject to the exclusive jurisdiction of the courts of Guatemala.

 

TERMS AND CONDITIONS - June 6th, 2017