Last update: 01.07.2024

Introduction

You have been guided to this page because of your download or use of the digital Touchpoint (the <<Touchpoint>>) that is operated by a member of the Philip Morris International (<<PMI>>) group of companies.

What is a Touchpoint? In these terms and conditions of use, a Touchpoint refers to any method by which you get in contact with us. Some Touchpoints are digital, like mobile applications and websites, for example.

Who are we? Philip Morris Switzerland LLC, a PMI group company. We have identified ourselves to you and given you our contact details in the Touchpoint that guided you here.

How can you accept these terms and conditions of use? By using the Touchpoint, you accept these terms and conditions of use (the «Terms and Conditions»). The first time that you connect to the Touchpoint, we will draw your attention to these Terms and Conditions. They contain important information about your use of the Touchpoint. Please read the Terms and Conditions before using the Touchpoint, because you will be bound by them.

Disclaimer of liability: By using the Touchpoint, you accept our exclusion of liability, explained in more detail in these Terms and Conditions. To summarize, use of the Touchpoint is at your own risk. We will not be liable and provide no warranty (express or implied) in connection with the Touchpoint or your use thereof.

YOU ARE NOT AUTHORIZED TO USE THE TOUCHPOINT IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS.

Additional terms and conditions: If you wish to use certain parts of the Touchpoint, or take advantage of any promotions that we offer you through it, such services may be subject to other terms and conditions or notices. In such case, this will be brought to your attention, and, in some situations, you will be asked to read and confirm your acceptance of any such terms and conditions or notices before continuing.

Changes to these Terms and Conditions: We may amend these Terms and Conditions at any time. In such case, we will notify you of such changes the first time you connect to the Touchpoint after the changes have been made. If you then continue to use the Touchpoint, such use constitutes your acceptance of the amended Terms and Conditions. The date at the top of this page indicates when these Terms and Conditions were last updated.

Use of the Touchpoint

The Touchpoint is intended to be used by adult consumers of nicotine-containing products aged 18 years and over who want to continue to consume nicotine-containing products (the «Intended Users») and who reside in Switzerland. If you do not meet the conditions mentioned above, you must not use the Touchpoint.

To create an account for the Touchpoint, you must give us some personal information so that we may verify your eligibility to use the Touchpoint. Typically, this information will relate to your status as a smoker or user of nicotine-containing products , how you use nicotine-containing products , and your name, age, country of residence, and email address/telephone number. We will hold your information in accordance with our Privacy Notice (see the «Confidentiality and Cookies» clause below for more information).

If you cause a technical disruption in the Touchpoint or the systems transmitting the Touchpoint to you or to others, you agree to assume full responsibility for any losses (e.g. loss of data, profits, income, contracts, and/or clients) and/or any damage (e.g. direct, indirect, punitive, and/or consequential damage) caused, as well as responsibility for all costs relating thereto (e.g. attorneys’ fees and/or court costs).

Registration and Your Information

If you want to use the Touchpoint, you will have to create an account. You should do this via the Touchpoint. Only one account per user is permitted. PO Box addresses are not permitted. We reserve the right to delete any duplicate accounts and/or any accounts that do not meet the requirements set forth in these Terms and Conditions. It is important that you provide us with accurate, complete, and up-to-date information for your account. You agree to ensure that your information is always accurate, complete, and up to date. You agree not to disclose your account password to anyone. You are responsible for all activities that occur in your account, whether or not you know about them.

You must not use anyone else’s password or account. You must not attempt to gain unauthorized access to the Touchpoint. Should you attempt to do so or assist others to do so, or if you distribute instructions, software, or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the «Modification and Suspension of the Touchpoint» clause below). You must immediately notify us of any unauthorized use of your username, password, or other account information or of any other breach of security that you become aware of involving your account or the Touchpoint.

Marketing

We may provide you with information about our products and services that might be of interest to you and contact you for this purpose by telephone, SMS, or email, unless you have specified that you do not wish us to do so. You may at any time choose not to receive, or to cease receiving, such information and marketing communications by using the option available at the time of creating your account, or the unsubscribe mechanism in the marketing communications themselves, or the unsubscribe mechanism provided in the «My Profile» section of your user account on www.ZYN.com.

Modification and Suspension of the Touchpoint

We reserve the right to modify, suspend, or terminate operation of or access to the Touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the Touchpoint for users if we have reason to believe that the Touchpoint is being used by someone who is not an Intended User.

We may also update the Touchpoint and change its content at any time. Although we make reasonable efforts to update the information in the Touchpoint, please note that any or all content in it may be out of date at any given time, and we are under no obligation to update it.

We may also terminate the regular operation of the Touchpoint, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.

Lastly, please note that most Touchpoints are accessible only from Switzerland at PMI's discretion.

Use of the Touchpoint and its Content

The Touchpoint and all its content (including software, files, graphics, data, images, and any other form of content) (the «Content») are our exclusive property and that of our affiliates or our licensors (or any combination of the foregoing) and are protected by Swiss law and/or the laws of other countries.

All intellectual property rights regarding the Content are reserved by us or our licensors. You are not authorized to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display, perform, broadcast, edit, adapt, or create a derivative work of, or reverse engineer in any manner, all or any part of the Touchpoint or its Content.

The Touchpoint and its Content are provided solely for your personal and private use. You are not authorized to use them for any other purposes (for example, you are not authorized to use them for business or commercial purposes). Please note the «Disclaimer of Liability» clause below.

Links

The Touchpoint may include links to third-party websites. These links are provided to facilitate and enhance your navigation only. As we have no control over such websites and do not review them, please note the following:

• We do not endorse them, we are not responsible for them, and we make no promise and give no warranty in relation to them. We are not responsible for the terms and conditions that govern such websites or their privacy protection practices, availability, content, advertising, products or other materials, services, or information on or available from them.
• If you access any such websites, you do so at your own risk.

You are not authorized to frame, link, or deep link the Touchpoint to any other website.

Confidentiality and Cookies

To the extent that we collect any personal information about you through the Touchpoint, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about the type of personal information we collect about you, how we use it, with whom we share it, how we protect it, and your rights and how you can exercise them.

The Touchpoint also uses cookies and similar technologies to collect certain user information automatically. To learn more about such technologies (including Google Analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Notice.

Please review our Privacy Notice and our Cookie Notice before using the Touchpoint. As with these Terms and Conditions, we may amend them at any time. 

Disclaimer of liability

The Touchpoint is made available to you on an «as is» basis, except where we have expressly stated otherwise in these Terms and Conditions. In addition:

We will not be liable for any losses (e.g. loss of data, profits, income, contracts, and/or clients) and/or any damage (e.g. direct, indirect, punitive, and/or consequential damage) incurred, and we will not be responsible for any costs relating thereto (e.g. attorneys’ fees and/or court costs). This exclusion of liability pertains in case of breach of these Terms and Conditions or use of technologically harmful material or procedures (such as a virus or a distributed denial-of-service attack) that may affect your computer equipment, software, data, or other material in connection with your use of our Touchpoint or any website linked to it.

We accept no liability as to the suitability or fitness of the Touchpoint to meet your needs. To the fullest extent permitted by law, we exclude all express or implied representations, warranties, and promises, including that

• the Touchpoint and any Content contained in or transmitted via the Touchpoint or otherwise made available in connection with the Touchpoint are accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
• access to the Touchpoint will be uninterrupted or error-free; and
• the Touchpoint and the computer system from which the Touchpoint is made available are free of viruses or other harmful components.

It is your responsibility, and not ours, to ensure that the Touchpoint is suitable for your own purposes when you use it.

You acknowledge and agree that the operation of the Touchpoint is dependent upon the operation of the Internet and other third-party equipment and services (including your own devices or web browser) and that we do not guarantee, and will not be liable for, these in any way.

Jurisdiction and Governing Law

Swiss law governs these Terms and Conditions and your use of the Touchpoint, notably the www.ZYN.com website, to the exclusion of conflict of laws rules. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.

Our other rights under these Terms and Conditions

We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.

If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.

Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal, or unenforceable, the remaining clauses will remain in full force and effect. The French version of these Terms and Conditions is authoritative.

These Terms and Conditions are not intended to give rights to anyone other than you and us.

Please contact us:

• if you think that the Touchpoint infringes on your copyrights or contains Content that you think is illegal or offensive or infringes on your rights or others’ rights; or
• for any question that you may have about these Terms and Conditions or the Touchpoint.

ZYN Customer Service

Telephone: 0800 060 000 (toll-free call) in CH
E-mail: contact@zyn.com

Last updated: 04.02.2025

www.zyn.com

We own and operate the www.zyn.com website. We have hired the company Ch. Margot & Cie S.A. for the logistics related to preparing, packaging and invoicing products ordered on www.zyn.com.

Ch. Margot & Cie SA
Route de Lavaux 235
1095 Lutry

Phone: +41 (58) 242 0000
Email: contact@zyn.com

Products 
Only users of nicotine products aged 18 years and over residing in Switzerland may purchase ZYN products and related merchandise (the "Products") on www.zyn.com. When you order Products, you are responsible for ensuring that the Products are not used by minors. Philip Morris Switzerland Sàrl reserves the right to modify offerings for Products at any time and to permanently discontinue certain Products.

By registering on and using www.zyn.com, each user confirms that he or she is at least 18 years of age.

Order 
You are obligated to accept these conditions of sale before placing any order. When you place an order for Products,https://www.zyn.com will send you a confirmation e-mail with the details of your order and confirmation that we accept your offer. From that moment, you have entered into the contract of sale and your order cannot be changed or cancelled. Products may neither be returned nor exchanged, unless you meet the conditions described in the "Order return" and "Warranty for defects" clauses below. You are responsible for updating your address before placing any order. If these conditions of sale are not met when using www.zyn.com, we reserve the right to cancel your order and to bar your access to the site by terminating your user account without notice.

Product availability 
We make every effort to provide the best availability of Products offered on www.zyn.com. However, if a product is no longer available once an order is placed, you will receive a message from www.zyn.com informing you that your order will be delayed or cancelled in part or in full. If delayed, you have the option to cancel your order or to redeem a corresponding credit on a subsequent order on www.zyn.com. Nevertheless, we reserve the right to replace an item that is no longer available with another item of the same type (e.g. a different flavour). In this case, you will still have the option to cancel your order if you do not want this change.

Resale
Resale of Products purchased on www.zyn.com is strictly prohibited.

Pricing 
All prices posted on www.zyn.com include VAT at the rate in effect. Prices posted at the time the order is placed are valid.

Payment 
You may pay by credit card, debit card (Visa, MasterCard or PostCard), PayPal or TWINT. Your account will be debited as soon as the order is confirmed. Upon confirmation of the order, you may not be reimbursed unless you meet the conditions of the "Right of return and retraction" clause below.

You may also pay your invoice through the SWISSBILLING SA ("Swissbilling") system. With your consent, Swissbilling may impose special conditions and a credit check to accept payment by invoice for orders. This credit check consists of verifying customer data in other databases (e.g. collection agency) before acceptance. You will be charged additional fees for the use of this payment-by-invoice function (CHF 5.10 per purchase if the invoice is sent by postal mail and CHF 1.90 if sent by e-mail).

We reserve the right not to offer certain payment methods and to refer to other available payment methods. In this case, we are not required to specify the reasons for our decision.

We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure the security of users' personal data.

Delivery 
La Poste has been chosen to deliver products ordered in Switzerland to your home. Delivery is limited to Switzerland and no cross-border delivery is permitted.

In general, confirmed orders are delivered to the address specified in the order confirmation. If you are absent at the time of delivery, the order will be left in your mailbox (parcel compartment), if possible. If this is not possible, you will receive a notice to pick it up at the post office. If your package is not picked up at the post office in the allotted time, the price of the order remains due and will not be reimbursed. We are free to dispose of Products that have not been picked up at the post office and that have been returned to us, and to sell them to a third party without authorisation. However, you have the option to request redelivery of Products of the same type in the same quantities, as long as there is available inventory, and you prepay the return costs and the costs to redeliver the item.

We may change the values specified above at any time.

Delivery schedules and times 
Orders are generally delivered within three business days after the order is placed, if the order is placed Monday to Thursday. Orders placed on Friday morning will normally be delivered on Tuesday. Orders placed on Saturday or Sunday will normally be delivered on Wednesday. Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or demand delivery on a specific day.

There are no deliveries on Sundays or national and cantonal holidays.

Delivery Charges 
Shipping is free for all orders. 

We may amend the delivery charges specified above at any time.

Disclaimer of liability 
We will not assume liability for any loss and/or damage, and we will not be responsible for any costs related thereto. This exclusion of liability applies in particular if the order cannot be delivered or if delivery is delayed, if www.zyn.com does not function or functions poorly, if the information on www.zyn.com is inaccurate or incomplete, if the delivery address is incorrect, in case of viruses or other technical problems, and in case of theft or other incidents related to delivery of the Products.

Order return
You may return your order from the date you placed your order until 30 days after receipt of the items only if the Products are in their original packaging, the seal has not been broken and the plastic wrapping is unopened.

If you have already paid for your items, your reimbursement will not include delivery charges. You are responsible for all costs to send back items that you return to us. If you choose to keep some items and only partially cancel your order, delivery charges will not be reimbursed.

If you wish to return your order, please contact our toll-free customer service number 0800 060 000 to find out how to do so. You may also notify us by e-mail at the following address: contact@zyn.com. We will attempt to reimburse you using the same payment method that you used to pay for the items (or, if you have not yet paid for the items, to show this item return in your account balance) as soon as possible and no later than 14 days after we receive your cancellation notice, provided that we have received the returned items or proof that you have returned them within no more than 30 days after you received the order. Another payment method may be used to reimburse you if you give us your consent. In any case, you will not incur additional charges.

We guarantee reimbursement for any item returned in accordance with this "Order return" clause, provided that all items are returned in the same condition in which you received them. This means that Products must be in their original packaging and must not have been used or damaged.

If the item that you received is defective, please inform us as soon as possible and return the item in accordance with the "Warranty for defects" clause below.

Warranty for defects 
You must check the Products received upon delivery. If the Products that you purchased are defective, we comply with applicable legal warranty regulation. We agree to replace any defective Product free of charge, excluding, however, any other remedy and/or legal recourse. If you wish to file a complaint about defective Products that we have delivered, including damage incurred during shipment, please let us know immediately by contacting our toll-free customer service number 0800 060 000 or the following e-mail address: contact@zyn.com.

Theft and use of the Products
As soon as the Products are delivered to you or left in your letterbox (parcel compartment), we will not be liable for their theft or improper use. It is your responsibility to ensure that the Products are not stolen or used by minors under the age of 18.

Jurisdiction and governing law 
Swiss law governs these Terms and Conditions and your use of the Touchpoint. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.

Our other rights under these Terms and Conditions
We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.

If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.

Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal or unenforceable, the remaining clauses will remain in full force and effect. The French version of these Terms and Conditions of Use for Digital Touchpoints is authoritative.

These Terms and Conditions are not intended to give rights to anyone other than you and us.

Contact us
Please contact us:
•    if you think that the Touchpoint infringes on your copyrights or contains content that you think is illegal or offensive or infringes on your rights or others' rights, or
•    for any question that you may have about these Terms and Conditions or the Touchpoint.
Contact us
ZYN Customer Service.

Telephone: 0800 060 000 (toll-free call)

E-mail: contact@zyn.com

INTRODUCTION

"We are a member of the Philip Morris International group of companies (referred to as ""we"", ""us"" or “PMI”). We have identified ourselves to you (“You” or “Your”), and given our contact details, on www.ZYN.com (""Website"") in connection with which You have been guided here.
We would like to use your content (such as words, photos/videos, recordings) that You share to us (Your “UGC”). By sharing Your UGC, You agree to our using it as set out in this document, and to the other matters addressed in this document (the “Terms”) on which You are letting us use Your content set out in this document. 
These are important provisions: You should read them before submitting any UGC as they are binding on You.

BY SUBMITTING AN UGC, YOU AGREE, WITHOUT RESERVE OR CONDITION, TO THESE TERMS AND ACCEPT TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT THE UGC.

You are responsible for the UGC You submit on the Website. We reserve the right to remove any UGC that contains:
- Offensive or violent language
- Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs
- Links or comments containing sexually explicit material
- Violations of copyright or intellectual property rights
- Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices
- Attacks on specific groups or any comments meant to harass, threaten or abuse an individual
- Commercial solicitations or the promotion of a competitor
- Content featuring minors or particularly appealing to minors. 
We reserve the right to remove UGC as described above and other content which we consider inappropriate at our own discretion."

LICENSE TO USE USER GENERATED CONTENT
1. This permission to use Your UGC is an agreement between You and us.
2. You confirm that:
a. You are a current user of ZYN and at least 18 years old (if you do not appear in the UGC) or at least 25 years old (if you appear recognizably in the UGC);
b. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
c. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
d. Any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so;
e. Any people recognizably appearing in the UGC has been duly and priorly informed about the purpose and the use of the UGC and that it is related to PMI and its affiliates.
f. You have no existing affiliation with PMI or its affiliates, such as employment or engagement in providing services.
3. By accepting the current Terms (cf. “Introduction” above):
a. You keep all of Your rights to the UGC, but You hereby grant to PMI, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promotion and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to the use of it, from the date on which You grant PMI and its affiliates Your License.
b.You grant PMI and its affiliates the rights to reproduce, modify, translate, display and create derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part, in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.
c. You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partner privacy notice available at https://www.pmiprivacy.com/en/business-partner, and that You have notified any other people included in the UGC of these terms."
4. In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or personality rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.
5. You agree that Your License is voluntary and You are free to enter into it with PMI.
6. You can opt-out of Your license agreement for future use of the UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use of our channels, but even after such an opt-out, Your License will remain valid and enforceable with respect to any UGC that You have granted us through Your License and/or posted on our channels or accounts wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing Your opt-out request might take some time, but we will do our best to do it as soon as possible.
7. You can contact ugc-claims@pmi.com (email id) for any queries or clarifications regarding Your License if you believe that your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.
8. These Terms, Your license and any resulting relation will be governed by the laws of Switzerland to the exclusion of the conflict of laws rules and will be subject to the exclusive jurisdiction of courts in Lausanne, Switzerland.

Last updated:  05.07.23

COMPANY INFORMATION 
 

Philip Morris Sàrl, based in Lausanne, is responsible for sales and marketing activities in Switzerland. PM Sàrl is the number-one tobacco company in Switzerland, and our product portfolio includes five of the top 11 cigarette brands in the country.

Swiss Affiliate

Philip Morris Sàrl.
Avenue de Rhodanie 50
1007 Lausanne 
Switzerland

Tel : +41 (58) 242 0000

UID register : CHE – 105.901.856
VAT number : CHE – 116.276.488 TVA