Terms and Conditions

1. Introduction to HEETS Auto-Delivery

1.1 Welcome to the HEETS Auto-Delivery program which entitles you to regular delivery of consumables to your nominated delivery address.

2. Application of Terms

   1. These terms and conditions (“Terms”) are between you and Rothmans, Benson & Hedges Inc. (“ RBH Inc.”), and govern your HEETS Auto-Delivery. You should read these Terms carefully before using HEETS Auto-Delivery as they affect your legal rights.

   2. To commence HEETS Auto-Delivery, you must accept these Terms by clicking an ‘I agree’ button or box on our website for HEETS Auto-Delivery.

   3. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database.

   4. We may amend these Terms from time to time. Unless we expressly state otherwise, all amendments will be immediately effective on the posting of such updated Terms on our website https://www.iqos.com. If you do not agree to the changed Terms, then you may cancel your HEETS Auto-Delivery. Your continued use of HEETS Auto-Delivery constitutes your consent to be bound by these Terms, as amended from time to time.

3. Eligibility

   1. You are only eligible for HEETS Auto-Delivery if: (i) you are an adult smoker or nicotine user of legal age to smoke in your province of residence; and (ii) your delivery address and your home address (if different) are both in the same province, which is a province where HEETS Auto-Delivery is available.

   2. Only individuals may benefit from HEETS Auto-Delivery. Companies, partnerships, unincorporated associations and other legal entities are not eligible.

   3. Your receipt of HEETS Auto-Delivery is at our discretion and we reserve the right to refuse your HEETS Auto-Delivery.

   4. You can only have one HEETS Auto-Delivery programme active at any one time.

   5. Under the HEETS Auto-Delivery program, HEETS may only be ordered by the carton of 180 HeatSticks (each carton contains 10 packs, each pack contains 18 HeatSticks).

4. Start of HEETS Auto-Delivery / HEETS Auto-Delivery Payments

   1. Your HEETS Auto-Delivery will start on the date you have specified), once you have submitted your initial HEETS Auto-Delivery order which must be a minimum of one (1) carton of HEETS per month (“ Standard Order”) together with your payment details, and accepted the terms and conditions applicable to the country in which you live. You also need to show proof of ID in order to receive your first HEETS Auto-Delivery.

   2. Payment can be made with Visa, Mastercard, or American Express.

   3. RBH Inc. shall send you an order confirmation of your HEETS Auto-Delivery, the monthly payments for each order, the first of which will be based on your Standard Order, and our record of your payment details.

   4. Payment will be taken on or around the date when RBH Inc. processes each monthly HEETS Auto-Delivery order for delivery (“Cut-Off Date”).

   5. If all eligible payment methods RBH Inc. has on file for you are declined for payment of your HEETS Auto-Delivery, you must provide us with a new eligible payment method promptly or your HEETS Auto-Delivery will be paused until such time as you provide RBH Inc. with a new eligible payment method.

5. Customizing your HEETS Auto-Delivery

   1. HEETS Auto-Delivery is a monthly service that allows you flexibility. You may customise your Standard Order at any time up to the Cut-Off Date which is displayed on your HEETS Auto-Delivery account dashboard.

   2. You may customize your Standard Order to increase it up to a maximum of five (5) cartons of HEETS per month across the full range of flavours available within the province of your delivery address. You may also decrease you Standard Order subject to Section 4.1 which sets out the minimum HEETS Auto-Delivery order.

   3. You may customise your Standard Order to change the flavour(s) selected to any of the flavours available within the province of your delivery address.

   4. You may customise your Standard Order to change your delivery address provided that your new delivery address is in the same province as your original delivery address.

   5. Each customisation request will automatically update your Standard Order to reflect the changes you have requested for all future Auto Deliveries.

6. Changing your HEETS Auto-Delivery Date

   1. You may change your delivery date at any time up to the Cut-Off Date by bringing the date forward by up to one week or delaying it by up to one week. Any subsequent Auto Deliveries will still be delivered according to the normal schedule for your Standard Order.

   2. You may change your future delivery dates by selecting a new date range each month on your HEETS Auto-Delivery account dashboard. If you change the delivery date after the Cut-Off Date for your next HEETS Auto-Delivery, your change will take effect after that delivery.

7. Pausing your HEETS Auto-Delivery

   1. You may pause your HEETS Auto-Delivery service by logging in to your account for periods of up 90 days.

   2. If your pause request is made after the Cut-Off Date for your next HEETS Auto-Delivery, your change will take effect after that delivery.

   3. RBH Inc. will pause your HEETS Auto-Delivery if the flavours specified in your Standard Order are out of stock on the date we process your order. We will contact you ask if you wish to order other in stock flavours.

   4. Without prejudice to Section 10, RBH Inc. will pause your HEETS Auto-Delivery in the event we are unable to access your delivery address or if we are informed you are no longer at the delivery address. We will contact you to request that you update your address.

   5. Without prejudice to Section 10, RBH Inc. will pause your HEETS Auto-Delivery if your payment is not made due to your credit card having expired. We will contact you to ask you to update your payment method.

8. HEETS Auto-Delivery Pricing

   1. Any updates or revisions you make to quantities, types of products, and possibly even flavours in your HEETS Auto-Delivery order may change the price of your HEETS Auto-Delivery at RBH Inc.’s sole discretion.

2. If there are ever any revisions to shipping costs, we will notify you in advance before implementing any changes.

9. Your Obligations

10.1 You agree:

1. not to misuse the HEETS Auto-Delivery program;

2. not to sell or transfer any bonuses or rewards you may receive under the HEETS Auto-Delivery program;

3. to keep your HEETS Auto-Delivery account, including its password, safe and secure;

4. that you are responsible for all purchases made on your HEETS Auto-Delivery account;

5. that you are responsible for all actions and changes to your HEETS Auto-Delivery account in the logged in pages on your HEETS Auto-Delivery dashboard;

6. that you will notify us immediately if you suspect or know that anyone has gained unauthorized access to your HEETS Auto-Delivery account

7. to promptly inform us when you change your address and/or payment details and provide to us your new address details and/or new payment details;

8. to comply with applicable law; and

9. to comply with these Terms.

10. Termination of HEETS Auto-Delivery

    1. An HEETS Auto-Delivery programme may be terminated by you or RBH Inc. in accordance with this Section 12.

    2. You may terminate your HEETS Auto-Delivery at any time by logging in to your HEETS Auto-Delivery account and clicking on the “Cancel” button or by calling our Customer Care team. If you terminate after the Cut-Off Date for your next HEETS Auto-Delivery, your termination will take effect after that delivery.

    3. RBH Inc. may terminate your HEETS Auto-Delivery at any time with immediate effect if you breach these Terms.

    4. If there is an HEETS Auto-Delivery already in the process of being delivered when RBH Inc. receives your notice of termination your termination will take effect after that monthly HEETS Auto-Delivery has been made.

    5. Upon termination of your HEETS Auto-Delivery, no further monthly Auto Deliveries will be made and no further monthly payments are payable.

11. Data Privacy

RBH Inc. will receive, store, and otherwise process your personal information in connection with your HEETS Auto-Delivery and administering it. To learn how we will use your personal information collected in connection with your HEETS Auto-Delivery, read our Privacy Notice at https://www.pmiprivacy.com/en/consumer .

12. Warranty/Representation/Limitation of Liability

    1. RBH Inc. shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your HEETS Auto-Delivery. RBH Inc. shall not be liable for any of the losses described in this Section 14.1 even if you have informed RBH Inc. of the possibility of such losses. This limitation of liability will apply to the fullest extent permitted by applicable law and will survive cancellation or termination of your Auto Delivery.

    2. Nothing in this Section 14 excludes any liability that cannot be excluded by applicable law.

13. Miscellaneous

    1. RBH Inc.’s failure to enforce these Terms shall not constitute a waiver of these Terms, or any of its provisions, including our right to terminate your HEETS Auto-Delivery.

    2. RBH Inc. is not responsible for any incorrect or inaccurate information supplied by you during your HEETS Auto-Delivery, nor for any lost or misdirected communications to or from you regarding your HEETS Auto-Delivery.

    3. Notices by RBH Inc. hereunder may be made in writing including by email or through an announcement on our website.

    4. These Terms are subject to the laws of the registered office of RBH Inc. in Canada. Any legal dispute will be subject to the exclusive jurisdiction to the courts of the city in which RBH Inc. has its registered office.

    5. Any provision of these Terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.

    6. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.