1. General information

1.1 These Terms of Use (“Terms of Use”) govern the legal framework for the use of the electronic and Internet-based services of JT International AG Dagmersellen and the Swiss companies belonging to the JT International Group (collectively or individually referred to as “JTI”, depending on context), including in particular the use of the ploom.ch website (hereinafter referred to as “the Website” or “ploom.ch”).

1.2 This Website is only intended for smokers, vapers and nicotine users who are at least 18 years old and live in Switzerland.

1.3 By accessing ploom.ch, users accept the current version of these Terms of Use. JTI reserves the right to amend these Terms of Use at any time and without prior notice. The latest version of these Terms of Use shall apply exclusively.

1.4 JTI expressly reserves the right to change or delete the content of ploom.ch or to add new content at any time and without prior notice.
 

2. Registering for a user account

2.1 To register for the Website and create a user account, users must prove their identity, age and place of residence.

2.2 The email address provided by users when registering must be unique and may only be used by one user. The same applies to the mobile phone number. If users try to register on the Website multiple times using the same mobile phone number, a block on registrations will be placed on the number in question.

2.3 Providing incorrect personal data when registering or attempting to create multiple user accounts may result in the immediate deletion of the user account and exclusion from using the Website. Users participating in promotions on the Website at the time will be excluded from them immediately.

2.4 Users undertake to keep their user name and personal password secret in order to prevent them from being used by unauthorised third parties.
 

3. Ploom Club reward programme

3.1 By using this Website users can benefit from the Ploom Club reward programme. Users have different ways to purchase credits on ploom.ch, for instance entering pack codes or performing various activities such as registering their device, shopping online or recommending our products to adult smokers/vapers (Ploom Club credits are only awarded for referrals if the referral person formalises the purchase on ploom.ch). Users are informed on the Website about the possibility of acquiring credits in individual cases.

3.2 Credits purchased on the Website expire 24 months after purchase. When used on the Website, credits are applied by age of acquisition. No claims may be made for expired credits.

3.3 Credits are non-transferable and cannot be redeemed in cash. If you de-register or cancel your customer account on Ploom.ch, all rights to accumulated credits will expire.

3.4 Users can use their Ploom Club credits to get discounts on products in their cart when ordering from ploom.ch. JTI reserves the right to change the rules and functionality of the Ploom Club reward programme at any time.
 

4. Intellectual property rights

4.1 The content published on this Website, such as images, texts, data, etc., is either owned by JTI or used with the permission of JTI. The use of this content by users or third parties commissioned by them is prohibited unless the Terms of Use and contractual conditions expressly permit such use or express permission is granted elsewhere on this Website.

4.2 Users undertake not to forward any correspondence (in printed or electronic form) that they have received from ploom.ch to third parties.

4.3 Users may create a link to this Website, provided that this is done fairly and lawfully and does not damage JTI’s reputation or is used to their own advantage. In particular, users may not link to this Website on websites known to be used by persons under the age of 18. Users may not create links in any way that indicate JTI in any form approves of, is associated with, or endorses, these links if this is not the case. Users may only create a link from another website to this Website if they are the owner of the website in question.

4.4 This site may not be included as a frame on other sites, but only as a link to this site. JTI reserves the right to revoke permission to link without prior notice.
 

5. Links and online services from third parties

5.1 This Website and other online offers (e.g. via apps) may contain links to websites and other online services (e.g. apps) of third parties over whose content JTI has no or only partial influence. The providers or operators of such websites and online services are solely responsible for their content. The use of such websites and online services is at your sole risk and in accordance with the terms of use or privacy policies of the provider or operator. JTI assumes no liability for the content and processing of the personal data of users over whom JTI has no control or for the use of such websites and online services.
 

6. Data protection

6.1 The personal data of registered users is processed in accordance with the Privacy Policy.

6.2 Before their personal data is processed, unregistered users are explicitly informed of the processing in specific Privacy Notices.

6.3 The Cookie Policy also applies to all users of the Website.
 

7. Disclaimer and warranty

7.1 Users are solely responsible for using the Website and transmitting data to/from it. 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 shall not be liable for loss or damage resulting from (i) lack of care on the part of users, (ii) use by unauthorised persons, or (iii) improper use or use in violation of these Terms of Use.

7.2 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.
 

8. Applicable law and place of jurisdiction

8.1 These Terms of Use are subject to the substantive provisions of Swiss law. The sole place of jurisdiction is Lucerne, Switzerland.

Dagmersellen, September 2023