Terms and Conditions VEEV CarePlus

 

Last updated: 03/31/2023

1. Application of Terms/Eligibility

1.1 These terms and conditions (Terms) are applicable to and govern your participation in the VEEV Care Plus program (VEEV Care Plus). You should read these Terms which govern your relationship with Philip Morris France SAS, a simplified joint-stock company with a share capital of 80,000€, registered with the Register of trade and companies of Nanterre under the number 712 054 014, and having its head office located at 23/25 rue Delariviere Lefoullon, 92064 Paris La Défense Cedex (Philip Morris) carefully.

1.2 You are only eligible for membership of VEEV Care Plus if: (i) you are an adult VEEV user aged 18 years and over and you are registered in our VEEV database; and (ii) your main residence is in a country where VEEV Care Plus is available.  

1.3 To participate in VEEV Care Plus you must register an eligible device as described in paragraph 2.1 (“VEEV Device”) in our database either at www.veev-vape.com, by calling customer service center at 0800 292 292 from Monday to Friday from 8 a.m. until 8 p.m. and the Saturdays from 9 a.m. until 7 p.m, or at a VEEV retail place that you will find in the following VEEV points of sale:  https://fr.veev-vape.com/fr/store-locator.

1.4 By signing up for VEEV Care Plus through online VEEV Device registration or through a customer service center or at a retail place, or otherwise using VEEV Care Plus, you agree to be bound by these Terms. Likewise, if you register another VEEV Device, or if we change these Terms upon notice, and you then use VEEV Care Plus, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our VEEV database.

1.5 If you do not agree (or cannot comply) with these Terms, then you are not permitted to use VEEV Care Plus. 

1.6 No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.

1.7 We may terminate your right to use VEEV Care Plus as described below.

1.8 We also reserve the right to amend these Terms and VEEV Care Plus upon notice at any time. If you do not agree to any such amendments you may terminate your membership of VEEV Care Plus.

2. Eligible VEEV Devices/Registration

2.1 The following Device models are eligible for registration in VEEV Care Plus: any VEEV Device commercialized by Philip Morris in a country where VEEV Care Plus is available.

2.2 The VEEV Device must have a readable and valid serial number.

2.3 For all new VEEV users who register in our database after the VEEV Care Plus may become a VEEV Care Plus member by registering your eligible VEEV Device within 24 months following the purchase of your VEEV Device. If you purchase your device on www.veev-vape.com, you and your VEEV Device will be automatically registered and you will benefit from VEEV Care Plus. You will still have the possibility to opt-out from VEEV Care Plus (see more details below).For the purchases completed in physical points of sale, Philip Morris will apply the 24 months duration starting from the manufacturing date of the VEEV Device components in question plus 6 months, based on its own records, and independently from the date indicated on any potential proof of purchase. For online sales, date of purchase will match the ordering date.

2.4 In completing the registration process you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, smoker status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to terminate your membership of VEEV Care Plus without notice.

2.5 Membership of VEEV Care Plus and the services provided are personal to you and may not be transferred to any third party.

2.6 Your use of VEEV Care Plus is linked to your country of residence. As VEEV Care Plus is only available in certain countries if you change your country of residence, then you must inform us and reapply to use VEEV Care Plus in your new country of residence.

3. Term and Termination

3.1 The term of your membership in VEEV Care Plus is from you and your VEEV Device registration.

3.2 You may terminate your membership of VEEV Care Plus at any time with immediate effect by notifying Philip Morris either by deleting your device(s) from your account, by calling the Customer Service at 0800 292 292 from Monday to Friday from 8 a.m. until 8 p.m. and the Saturdays from 9 a.m. until 7 p.m, or by email at serviceclient@veev-vape.com. Upon termination of your membership you are no longer entitled to receive the Services for any of your Devices.

3.3 Philip Morris may terminate your membership with VEEV Care Plus at any time with immediate effect if you breach these

3.4 Membership of VEEV Care Plus entitles you to the services described in paragraphs 4 to 7 (Services).

4. Voluntary warranty of two years

4.1 You will benefit from the following 24 months voluntary warranty:

CUSTOMER CARE

Relevant market : FRANCE

Freephone: 0800 292 292

E-mail: serviceclient@veev-vape.com

Website: www.veev-vape.com

Address: Philip Morris France SAS, 23/25 rue Delariviere Lefoullon, 92064 Paris La Défense Cedex, FRANCE

4.2  Duration

The duration of this warranty, relevant to your country of purchase (FRANCE), is of 24 months from the date of purchase (see calculation of date of purchase at point 2.3).

4.3 What this warranty covers

The Philip Morris International entity listed under the heading of ‘Customer Care’, will at its option (but without affecting your statutory rights) repair or replace any components which are defective in terms of material or workmanship when used in accordance with the associated VEEV User Guide and which are subject to a valid voluntary warranty claim. The provisions of this warranty are only valid in the country of purchase.

4.4 What is excluded from this voluntary warranty

The following are excluded from the terms of this warranty:

(a) damage caused by normal wear and tear;

(b) cosmetic damage (such as scratches, dents, broken plastic etc.);

(c) damage caused by misuse, power surge, improper handling, liquid contact or fire;

(d) malfunction due to use with non-compatible product;

(e) damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer;

(f) damage or malfunction caused by failure to use as described in the associated VEEV User Guide.

4.5 Information on how to make a claim

(a) You must:

(i) report your claim to Philip Morris by using the self-diagnostic online QURE at www.veev-vape.com on your account or calling the Customer Service at 0800 292 from Monday to Friday from 8 a.m. until 8 p.m. and the Saturdays from 9 a.m. until 7 p.m as soon as possible, including the following information: (1) the serial number for the affected VEEV Device; (2) description of the symptoms, problems with or causes of the damage to the VEEV Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;

(ii) if requested by Philip Morris, you must provide proof of purchase for your VEEV Device; and

(iii) follow packaging and mailing instructions given by Philip Morris for shipping the affected VEEV Device to Philip Morris; and

(iv) otherwise comply with Philip Morris’s return VEEV Devices authorization process.

(b) You must not send Philip Morris products and accessories that are not supported by voluntary warranty replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(c) Philip Morris will determine whether you are entitled to a replacement VEEV Device in accordance with these Terms. If you are entitled to a replacement VEEV Device this will be provided to you in one of the following ways:

(i) Mail-in service. Philip Morris will send you a replacement device together with a prepaid postage and packaging so that you can send your affected VEEV Device Equipment to Philip Morris. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

In the absence of the proof of purchase, the company reserves the right to voluntarily apply the warranty duration starting from the manufacturing date of the VEEV Device components in question based on its own records.

4.6 Other terms

Where an exchange takes place, then any replacement part becomes your property and the replaced part becomes the property of the entity which makes the exchange. The information provided by you will be used as described in our Privacy Notice.

4.7 Legal rights for consumers

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal warranty of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.

The legal warranty of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.

The legal warranty of conformity provides the consumer with the right to repair or replace the good within thirty days of his request, without charge and without major inconvenience to him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of the replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund in exchange for the return of the good, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replaced good;

4° The non-conformity of the goods persists despite the seller's attempt to bring the goods into conformity, which has been unsuccessful.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period of immobilization of the good for repair or replacement suspends the warranty that was still running until the delivery of the good in its original condition.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.

Article 1641 of the civil code: A seller is bound to a warranty in case of hidden defects of the good sold which renders it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would only have given a lesser price for it, if he had known them.

Article 1648 al. 1 of the civil code: The action resulting from hidden defects must be brought by the purchaser within a period of two years following the date of discovery of the defect.

5.  Accidental Damage

5.1  On top of the abovementioned 2 years voluntary warranty, if your VEEV Device suffers accidental and unintended damage that affects the functionality of your VEEV Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 5.

5.2 You must give the damaged VEEV Device (including all components) to Philip Morris and you will be provided with a replacement device of the same type equivalent to a new VEEV Device in performance and reliability. If a replacement VEEV Device of the same type is not available, a VEEV Device, in the same category, which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the holder or the charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the VEEV Device.

5.3 Limitations from Accidental Damage

(a) You must take all reasonable precautions to protect your VEEV Device and use and maintain the Device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement VEEV Device.

(b) You are limited to one replacement VEEV Device for Accidental Damage for each registered VEEV Device.  After the first claim is settled, the Accidental Damage in your country of residence and associated Rapid Replacement on this program will cease. However, you can still receive the remaining Services for your VEEV Device.

(c) You are not entitled to a replacement VEEV Device where the Accidental Damage was caused by any of the following circumstances are applicable:

(i) any product that is not an eligible Device as per the list contained in paragraph 2.1;

(ii) damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the VEEV Device, power surge;

(iii) VEEV Devices with a serial number that has been altered, defaced or removed;

(iv) VEEV Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;

(v) the loss or theft of your VEEV Device;

(vi)  cosmetic damage to your Device which does not affect the functionality of the VEEV Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;

(vii) damage or failure caused by normal wear and tear and/or usage of the VEEV Device;

(viii) improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;

(ix) malfunction due to use with non-compatible product; 

(x) damage or malfunction caused by failure to use as described in the associated VEEV User Guide; or

(xi) failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by your statutory consumer rights or by the VEEV warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

5.4 Making a claim under Accidental Damage

(a) You must:

(i) report your claim to Philip Morris by using the self-diagnostic online QURE at www.veev-vape.com on your account or calling the Customer Service at 0800 292 292 from Monday to Friday from 8 a.m. until 8 p.m. and the Saturdays from 9 a.m. until 7 p.m as soon as possible, including the following information: (1) the serial number for the affected VEEV Device; (2) description of the symptoms, problems with or causes of the damage to the VEEV Device; (3) error messages; and (4) actions taken before the VEEV Device experienced problems and any steps you took to resolve the problem;

(ii) if requested by Philip Morris, you must provide proof of purchase for your VEEV Device; and

(iii)  follow packaging and mailing instructions given by Philip Morris for shipping the affected VEEV Device to Philip Morris; and

(iv) otherwise comply with Philip Morris’s return VEEV Devices authorization process.

(b) You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(c) Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

 (i) Carry-in service. You can return your affected VEEV Device to a participating VEEV Service Points and you will be provided with a replacement.

(ii) Mail-in service. Philip Morris will send you a replacement VEEV Device together with a prepaid postage and packaging so that you can send your affected Device Equipment to Philip Morris. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

5.5  Additional legal rights for consumers

The rights conveyed under the Accidental Damage service are in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase, as listed above (article 4.7).

6. International Assistance

6.1   You have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where the VEEV Devices are commercialized by Philip Morris or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced VEEV Device agents and if required, replacement of your Device within Voluntary warranty and / or Accidental Damage in accordance with these Terms. 

6.2 Service options, VEEV Device availability, response and delivery times may vary according to country.  This service will not affect your statutory rights and rights under your Device warranty valid in the country of purchase. 

6.3 Limitations from International Assistance

(a) The limitations contained in paragraphs 4.4 and 5.3 (Limitations) apply to Voluntary Warranty and Accidental Damage replacement under International Assistance.

(b) The following are excluded from replacement of VEEV Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide:

(i) damage caused by normal wear and tear;

(ii) cosmetic damage (such as scratches, dents, broken plastic etc.);

(iii) damage caused by misuse, power surge, improper handling, liquid contact or fire;

(iv) malfunction due to use with non-compatible product;

(v) damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or 

(vi) damage or malfunction caused by failure to use as described in the associated VEEV Device User Guide.

6.4 Making a claim under International Assistance

(a) You must:

(i) report your claim to customer service center by telephoning the number 00 800 2559 2559 as soon as possible, including the following information: (1) the serial number for the affected VEEV Device; (2) description of the symptoms, problems with or causes of the damage to the VEEV Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem; if the International line is not available for some technical issue, you may contact the Customer Service at 00 33 0800 292 292.

(ii) if requested by Philip Morris, you must provide proof of purchase for your VEEV Device; and

(iii) follow packaging and mailing instructions given by Philip Morris for shipping the affected VEEV Device to Philip Morris; and

(iv) otherwise comply with Philip Morris’s return Devices authorization process.

(b) Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways by postal service. Philip Morris will send you a replacement VEEV Device along with a prepaid postal package and packaging with which you can send the affected VEEV Device to Philip Morris. Philip Morris will bear the cost of postage to and from your address if you follow all instructions.

In the absence of proof of purchase, Philip Morris reserves the right to calculate the warranty period from the date of manufacture of the components of the VEEV Device in question, as determined by Philip Morris based on its own records.

7. Other services

7.1 VEEV Coach Assistance Program. You will have access to a dedicated remote coach for assisting you in any questions related to your VEEV Device. Access is during normal business hours in your country of residence. You can at any time mention to any VEEV Coach who may be registering or contacting you that you wish to unsubscribe from VEEV Coach Assistance Program. 

7.2 Rapid Replacement Service. This service provides for rapid replacement of your VEEV Device in case of application of your voluntary warranty and/or Accidental Damage. Eligibility for this service is determined by Philip Morris.

You may benefit from this service more promptly being a VEEV Care Plus member, by calling our Customer Service at 0 800 292 292 who will take care of your claim (since as Care Plus member, you are already registered), every day, from 8am to 10pm, and will offer you a customized replacement services.

8. Your Obligations

You agree:

(a) not to misuse the VEEV Care Plus program and the Services;

(b) where an exchange takes place, then any replacement VEEV Device becomes your property and the replaced VEEV Device becomes the property of the entity which makes the exchange; and

(c) to comply with applicable law.

9. Warranty/Limitation of Liability

9.1 As your membership of VEEV Care Plus is free of charge, it is provided ‘As Is’ and without any warranty.

9.2 Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort, 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 membership of VEEV Care Plus or your use of the Services. Philip Morris shall not be liable for any of the losses described in this paragraph 9.2 even if you have informed Philip Morris of the possibility of such losses.

9.3 Nothing in this paragraph 9 excludes any liability that cannot be excluded by applicable law.

10. Miscellaneous

10.1 VEEV Care Plus is currently provided free of charge.

10.2 Details of the processing of your personal data that you provide us are described in our Privacy Notice.

10.3 These Terms are subject to the laws of the registered office of Philip Morris and any mandatory law provision applicable to you under the laws of your country of residence. Any legal dispute will be subject to the jurisdiction of the city in which Philip Morris has its registered office, unless other courts have jurisdictions under the mandatory rules applicable to you under the laws of your country of residence.

    10.4 For questions, inquiries and contact information please refer to our Customer Service

0800 292 292 from Monday to Friday from 8 a.m. until 8 p.m. and the Saturdays from 9 a.m. until 7 p.m

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