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

By creating a user account, you are automatically participating in the Ploom Club loyalty program. Information on the Ploom Club can be found in the Ploom Club Terms.

Ploom Club Terms

These Ploom Club Terms (“Terms”) govern the legal framework and lay out the rules, benefits, and advantages of the Ploom Club loyalty program (“Ploom Club”). The Ploom Club is made available on the ploom.ch web domain or a current or future web subdomain (collectively referred to as the “Website”) by JT International AG Dagmersellen (“JTI”).

The Ploom Club is a loyalty program intended to reward end consumers' loyalty to the Products sold by JTI on the Website. The Program may include but is not limited to, the awarding on the Website of loyalty points, discounts, coupons, benefits, or any other advantages established by JTI at its sole discretion. 

The Ploom Club is exclusively intended for smokers, vapers, and consumers of other nicotine products, aged 18 and over who are residents of Switzerland. 

To join the Ploom Club and become a member (“Members”), users must register for a user account on the Website. Information on registering the user account can be found in the Terms of Use. As a registered user on the Website, you automatically become a member of Ploom Club.

3.1 Ploom Club Overview

The Ploom Club is a two-tiered loyalty program:

• You can collect Ploom loyalty points (“Loyalty Points”) that can then be redeemed for discounts on accessories, sticks, and additional devices in the shop on the Website or for exclusive activities and experiences made available on the Website. (“Reward Program”).

• Simultaneously, the Ploom Club is also a status-based loyalty program where the Loyalty Points collected over a period of time position the Members at a specific level that unlocks a specific and personalized set of benefits (“Status Program”). The more Loyalty Points a Member collects, the higher the level reached, and the better the benefits he/she is entitled to.

Members cannot collect Loyalty Points and redeem them under the Reward Program in the same order on the Website. When Members opt to redeem existing Loyalty Points in an order, no Loyalty Points will be assigned for the entre order. 

Members can access the information and current overview of their Loyalty Points (both for the Reward Program and the Status Program) in the Ploom Club section of the account dashboard on the Website that can be accessed here.

3.2 Collecting Loyalty Points

Members have a variety of ways to collect Loyalty Points on the Website; for instance, by performing the following:

• Creating a user account on the Website – Welcome Bonus;

• Registering a Ploom device in the user account on the Website; 

• Performing purchases in the shop on the Website (excludes purchases of single packs of tobacco sticks);

• Recommending our products to smokers, vapers, and consumers of other nicotine products, aged 18 and over who are residents of Switzerland (In this case, Loyalty Points are exclusively awarded for referrals if and when the referred person formalizes their first purchase on the Website using your referral link) – See here;

• Further temporary activities, communicated to the Members from time to time on the Website.

The current overview of how to collect Loyalty Points can be found here. Please note that we may at our sole discretion and without prior notice add, remove, or modify the content of this list.

Please note that Loyalty Points are non-transferable from one account to another of the same Member or between different Members. Loyalty Points cannot be redeemed in cash. Members who de-register or cancel their user account on the Website, forfeit all rights in connection with accumulated Loyalty Points and irrevocably and automatically lose the level reached in the Status Program.

3.3 Reward Program

Members can redeem their Loyalty Points various discounts on accessories, sticks, and additional devices in the check-out process in shop on the Website or for exclusive activities and experiences made available on the Website. 

Please note that:

• 100 Loyalty Points will grant you a discount on orders in the shop on the Website of CHF 2;

• Per order, you can redeem a maximum of 1000 Loyalty Points;

• If you opt to redeem Loyalty Points in the checkout process of an order, you will not be entitled to collect any Loyalty Points for the entirety of that order;

• The availability of specific rewards is subject to change and may vary based on stock and other factors;

• Once Loyalty Points are redeemed, the transaction is final, and Loyalty Points cannot be refunded or transferred to the Member’s account.

For the purpose of the Rewards Program, Loyalty Points expire exactly 24 months after the moment of their collection. When redeemed, Loyalty Points are always applied by age of collection (first in, first out).

After their expiration, the Loyalty Points will expire irrevocably. Upon expiration, all claims or entitlements related to the expired Loyalty Points are excluded.

3.4 Status Program

3.4.1 Status Levels

The Status Program is designed to reward Members based on the total number of Loyalty Points accumulated within a given period. 

The three status levels under the Ploom Club are the following:

• Silver Level: 0-5999 Loyalty Points

• Gold Level: 6000-11999 Loyalty Points

• Black Level: 12000+ Loyalty Points

Each status level confers specific benefits, which may include but are not limited to, exclusive discounts, early access to new products, and special promotions. The detailed benefits for each status level can be found in the overview here.

Important: irrespective of the status level you will be able to purchase a maximum of 6 cartons of tobacco sticks per month at the discounted rate associated to your status level.

Please note that based on the Loyalty Points requirement listed above, upon becoming a Member, you will automatically be placed at Silver Level.

3.4.2 Loyalty Points Accumulation and Expiry under the Status Program

For the purpose of the Status Program:

• Loyalty Points are accumulated over a one-year period, from January 1st to December 31st (a “Period”).

• The status level reached during a Period will apply immediately once the required Loyalty Points for that status are collected and will be maintained until December 31st of the following Period.

• If a Member fails to collect sufficient Loyalty Points to maintain their current status level in the following Period, their status will be demoted accordingly in the subsequent period.

Example:

You become a Member of the Ploom Club on March 15th of year 1. Upon becoming a Member, you will be automatically placed in Silver Level and enjoy all benefits and advantages attributed to that level from day one. On November 23rd of year 1 you reach the threshold of 6’000 Loyalty Points and will, from that moment on, be automatically placed in Gold Level and enjoy all benefits and advantages attributed to this new level. You will maintain at least the Gold Level throughout year 2.

January 1st of year two marks the start of a new period. For the purpose of the Status Program, your Loyalty Point count restarts from 0.

Scenario 1: You reach 12’000 Loyalty Points by September 12th of year two. Until that Moment, you will remain in the Gold Level as mentioned above. From the moment you reach 12’000 Loyalty Points and be automatically placed in Black Level and enjoy all benefits and advantages attributed to this new level. You will maintain the Black Level throughout year 3.

Scenario 2: during the entirety of year 2, you fail to reconfirm and replicate at least the 6’000 Loyalty Points reached in year 1. While, as mentioned above, this will not affect your status level in year 2, as of January 1 of year 3, you will be demoted to Silver Level.

3.5 Contact

For any issues or inquiries related to the Ploom Club, please contact the Ploom Care Team through the “Contact us” tab on the Website

3.6 General Terms

• The Ploom Club is designed exclusively for end consumers. Participation is limited to individual customers who purchase products for personal use. Businesses, resellers, and other entities purchasing products for resale or commercial purposes are not eligible to participate in this program.

• JTI reserves the right to amend the Terms and to amend, modify, or terminate the Ploom Club, including the Reward Program and Status Program, at any time without prior notice.  

• Any abuse or misuse of the Ploom Club or its functionalities, including but not limited to fraudulent activity, may result in the forfeiture of accumulated points and termination of the membership to the Ploom Club and/or the user account on the Website.

• By participating in the Ploom Club, Members agree to comply with these Terms and any other terms and conditions set forth by JTI as published on the Website.

• Members’ data will be handled in accordance with our Privacy Policy, which can be found here.

• These Terms are subject to substantive Swiss law. The sole place of jurisdiction is Lucerne, Switzerland.

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