The following Terms and Conditions of Sale (“Terms and Conditions of Sale”) govern the legal framework for purchasing the Ploom range of products online, as defined below. JTI, as the owner and operator of Ploom.ch, has appointed Ch. Margot & Cie S.A., Route de Lavaux 235, 1095 Lutry, to carry out all logistical tasks related to the processing, packaging, shipping and invoicing of orders placed through the website.
 

1. Products

All Ploom products and related products (collectively, “Products”) are sold on the website solely to smokers and vapers aged 18 and over who are resident in Switzerland.

JTI reserves the right to change the range of Products offered at any time or permanently withdraw certain Products from the offering.
 

2. Orders

Before placing an order, these Terms and Conditions of Sale must be accepted. When a user places an order, they will receive an email listing the order details and confirming that JTI has accepted the order. From this point on, the purchase agreement is deemed to have been concluded and the order can no longer be changed or cancelled. Products cannot be returned or exchanged.
 

3. Minimum and maximum order quantities

Unless stated otherwise on ploom.ch or in individual promotions, the following maximum quantities apply to orders:

5 starter kits per order

5 standalone devices per order

In addition, unless stated otherwise on ploom.ch, the maximum value per order is CHF 500.00.
 

4. Product availability

JTI endeavours to ensure optimum availability of the Products offered on the website. However, if one of the Products ordered is no longer available, the user will be informed of the resulting delay in delivery or partial or complete cancellation of the order. In the event of a delay, the user has the option to cancel the order and use a voucher for a later order on ploom.ch.
 

5. Resale

The resale of Products purchased on ploom.ch is strictly prohibited.

Please contact us directly if you are interested in selling Ploom products. Send us an email at [email protected] or contact us via the website: https://www.ploom.ch/en/support/contact-us 
 

6. Prices

All prices shown on the website include VAT. The prices apply at the time at which the user places the order.
 

7. Payment

Users can pay by TWINT, credit card or debit card (Visa, MasterCard or PostFinance Card). The user’s account will be charged when the order is shipped. Once an order has been confirmed by JTI, no refund can be made unless the conditions set out below regarding liability and Product warranty are met.

Ploom.ch uses secure socket layer (SSL) encryption and other certified encryption technologies and systems to ensure the security of user data.

8. Terms and Conditions of Trial Offer

For the duration of the trial offer, the Terms and Conditions of Trial Offer apply. The trial offer is converted into a purchase at the end of the trial if the device is not returned on time. These Terms and Conditions of Sale apply from the time of conversion into a purchase.
 

9. Warranty for Products

Users must inspect delivered products immediately upon receipt of the delivery and report any defects immediately in writing by e-mail to [email protected]. If a user fails to do so, the delivered products shall be deemed approved. Approval shall in any case be deemed to have been given unless the User submits a notice of defect within eight (8) days of delivery. Defects that could not be detected during proper inspection must be reported immediately after discovery in writing by e-mail to [email protected], otherwise the delivered products shall be deemed approved also with regard to these defects.

In case of defects notified in due time, JTI warrants the delivered products to be free from defects and to function properly for the statutory warranty period of generally two years from the date of delivery. The warranty shall be provided by JTI solely and exclusively in the form of a replacement of equal value. Products returned by users become the property of JTI again. Any right to rescission or price reduction is excluded.

The above exclusion of warranty also extends to all claims competing with the warranty rights, be they based on contract (Art. 97 et seq. CO), tort (Art. 41 et seq. CO), avoidance of the contract due to error (Art. 23 et seq. CO.) etc.

The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the user or third parties or defects caused by external circumstances. The warranty for consumables and wear parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.
 

10. Exclusion of Liability

All liability and indemnification for damages, including indirect or third-party damages, in connection with the Products is excluded to the fullest extent permitted by applicable law.

In particular, no warranty, liability or indemnification will be accepted fordamage of any kind resulting from inability to deliver or delayed delivery, provision of an incorrect delivery address or theft or other incidents in connection with delivery of Products.

The provisions of the Federal Law on Product Liability shall remain reserved.
 

11. Theft and Product use

Once the Products have been delivered or deposited in the consumer’s mailbox, JTI assumes no liability in the event of theft or misuse. The user must ensure that the Products cannot be stolen, or used by minors under 18, non-smokers or non-vapers.
 

12. Intellectual property law

The content of the website is protected by copyright and trademark law and/or is the sole property of JTI. Unless expressly permitted on the website, users of the website may not re-use its content, including the images, names, trademarks and logos thereon.
 

13. Liability, representations and warranties in relation to the website

The user is solely responsible for use of the website. Any liability for loss or damage, including indirect loss or damage or loss or damage suffered by third parties, which occurs or is associated with the use of the website, is excluded to the extent permitted by law, except in cases of gross negligence or wilful intent. In particular, JTI accepts no liability for damage resulting from (i) lack of care on the part of the user, (ii) use by unauthorised persons or (iii) improper use or use in violation of these Terms of Use.

JTI tries to ensure high availability of the website. However, JTI neither guarantees nor warrants that the website will be available, accessible and retrievable at all times without interruptions or outages.

JTI expressly reserves the right to change or delete the content on Ploom.ch at any time and without prior notice.
 

14. Applicable law and place of jurisdiction

These Terms and Conditions of Sale are governed by substantive Swiss law; the sole place of jurisdiction is Lucerne, Switzerland.

Dagmersellen, October 2024