TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS VIA THE ZYN.COM E-SHOP AND/OR VIA TELEPHONE ORDERS

1. Overview of purchases via the zyn.com e-shop or by phone

1.1. Remote purchasing of nicotine products under the ZYN brand, and other related products ('Products') made available on the Greek market by the company under the name “PAPASTRATOS SINGLE-MEMBER CIGARETTE MANUFACTURING COMPANY S.A.” and the distinctive title “PAPASTRATOS SINGLE-MEMBER S.A.", located at Imeros Topos St., Kororemi Location, with registration number GEMI 227601000, VAT No. 094011481, Tax Office of Athens, telephone no. 210 4193000, fax no. 210 4112303, e-mail address contact.gr@zyn.com (hereinafter referred to as "Papastratos", or the "Company"), is carried out through the zyn.com website (hereinafter referred to as the "e-shop") which is accessible through the Company's zyn.com website (hereinafter referred to as " zyn.com " or "Website") or by phone through the call center phone line 2104193777 (charge depending on the communication provider) | opening hours of the ZYN call center daily 09:00 - 21:00 (hereinafter referred to as the "Call Centre"). The Website and the Call Centre will be hereinafter collectively referred to as “Remote Sales Channels”.

1.2. Papastratos is fully and exclusively responsible for determining the mode of operation and the content of the Remote Sales Channels as well as the terms and process for the submission by consumers of their orders, the execution of these orders and the delivery of the Products.

1.3. 1With the exception of the “Click n’ Collect” service referred in article 9 below, the sale of the Products is carried out either by Papastratos itself or by its third-party partner, i.e. the company FΟΟDLINK COMMERCIAL AND INDUSTRIAL COMPANY FOR FOOD – AGENCIES AND DISTRIBUTIONS SOCIETE ANONYME (FΟΟDLINK S.A.), 19300, VAT number 094509258, telephone number 2105517700 on behalf of Papastratos (hereinafter the "Seller"). The Seller act as agent-indirect representative of Papastratos, contracting with the final consumer on behalf of Papastratos. Consumers who wish to purchase Products through the Remote Sales Channels place their orders on these Remote Sales Channels in accordance with the provisions hereof. On completion of the submission of the order, Papastratos will send the relevant confirmation via e-mail to the consumer on behalf of the Seller, who proceeds with the sale and delivery of the Products on behalf of Papastratos, and who also collects the purchase fee, and who will execute the sale according to the terms of this Agreement and issue the relevant retail receipt (hereafter Papastratos and the Seller are referred to as "We").

1.4. It should be noted that access to and browsing on the e-shop, making purchases through it or by telephone, and the information, content (including videos), update, as well as the overall features and functions on the Remote Sales Channels, are addressed to individuals who meet the following cumulative requirements:

i. they are natural persons, over 18 years of age, and have full legal capacity (such age must have already been completed at the time of accessing the Website and performing any action relating to it);
ii. they are smokers and/or users of other tobacco products, new tobacco products, e-cigarettes or nicotine products in general, or related products,
iii. they reside or are staying in Greece (hereinafter referred to as the (“Consumers”).

1.5. 1.5. Purchases from the Remote Sales Channels are also governed by these General Terms and Conditions for Sale of Products through the e-shop or through telephone orders (hereinafter the "Terms of Sale"), which you acknowledge and accept before completing your purchase. It should be noted that each time a Consumer makes a purchase from the e-shop or a telephone order, a separate special purchase and sale contract will be drawn up, which will be governed by the more specific terms of the purchase and sale based on the Terms and Conditions in force (at the time of the purchase and sale).

1.6. For any problem arising in connection with the order of a product through the e-shop or a telephone order, the Consumer may contact our Call Centre

1.7. Important legal notice The Products listed above in Article 1.1 are sold through the Remote Sales Channels and telephone orders. The Website is exclusively addressed to individuals who meet the requirements of Article 1.4., and its sole purpose is to inform Consumers about the Products and the option of making remote purchases of Products at the Consumer’s initiative and it is not a recommendation or incitement to purchase a Product. Papastratos adopts reasonable measures, to the extent possible, to avoid selling Products to minors (including but not limited to requiring a statement of adulthood to enter the site or at the onset of a telephone conversation, creating an account, checking age upon delivery and other reasonable measures, as the case may be). Consumers access the Website and use the Remote Sales Channels of Papastratos at their own initiative and responsibility, fully acknowledging and understanding the health risks of using tobacco and nicotine products. We reserve the right to deny access to the Website, and to refuse sale and/or delivery of Products to any person if we have any reasonable indication or evidence that such person violates the above terms and/or refuses to cooperate with confirming the above.

1.8. Only persons who state that they are adults upon entering the Website and/or while contacting the Call Centre and have created an account based on Article 2 hereunder, may make their purchases through the Remote Sales Channels. However, in any case, conclusion of a sale and purchase contract and delivery of the Products are conditional upon checking and verifying adulthood upon delivery, based on the special term of Articles 3.2. and 7.9. below.

1.9. Regarding the Products, it should be clarified that:

Product is meant the closed (factory- sealed) package (referred also as can) containing the Consumables.
Consumables are defined as nicotine pouches contained within the sealed package that can be consumed by consumers

2. Creation of Account

2.1. To make any purchase of Products remotely, it is mandatory for the Consumer to create an account at zyn.com in accordance with the provisions of Article 4 of the Terms and Conditions of Registration in the Adult Consumer Database (hereinafter the "Account") which he/she accepts when opening his/her Account. Opening an Account is a necessary condition for the completion of the sale and purchase through all the Remote Sales Channels, for the purpose of fulfilling the legal obligations to demonstrate compliance with the applicable legislation, ethics and policy of Papastratos with regard to tobacco or nicotine products, where applicable. It is explicitly clarified that the Seller which is processing the Consumer’s order acquires access to the Consumer’s Account details for the sole purpose of carrying out and concluding the sale and delivery of the Products of the specific order each time. If you have already created an Account on iqos.gr you can use the same mobile phone and passwords to log in to your Account on zyn.com and vice versa.

2.2. You may change certain details of your Account and enter different details while making your purchases (e.g. delivery or invoicing address). However, YOU MUST NOT CHANGE YOUR IDENTIFICATION INFORMATION (name, surname and date of birth) as it will be impossible for the identification process to verify your age at the time of delivery of the Product as mentioned in article 3.2 below. It is expressly noted that if you are deleted from the Adult Consumer Database, your accounts in our Company's Remote Sales Channels will also be deleted and therefore you cannot make purchases in any of them. Your Account will be deleted in accordance with the procedure described in Article 5 of the Terms and Conditions of registration in the Adult Consumer Database. Please note that in case of deletion of the Account on the e-shop, the conduct of purchases and the delivery of Products by orders through the Remote Sales Channels will no longer be possible.

3. Conduct of transactions on the e-shop or by telephone

3.1. Τhe Products posted on the e-shop are available for sale to Consumers on the e-shop zyn.com or by telephone. Those sales are exclusively addressed to adult consumers (B2C). It is clarified that for remote contracts, a consumer is a natural person who is acting for reasons that do not fall within the scope of his or her commercial, business, craft or professional activity.

3.2. Special term of sale For any Consumer to make a purchase from the e-shop or by telephone, they must cumulatively meet the requirements set forth in Article 1.4. above. Users who have not reached legal age (18) are prohibited from carrying out any action on the Website or the e-shop, or making telephone orders. Papastratos and the Seller on its behalf reserves their right not to execute their contractual obligations vis-à-vis the Consumer/buyer if the data stated (identification and adulthood) are not verified upon first delivery of the Product or any subsequent order is not received by an adult person, as provided for in Article 7.9. below. The sale is carried out on the condition of confirmation of adulthoodas referred to in Article 7.1 below; the sale is canceled if this condition is not met and any money paid in advance is returned to the Consumer.

3.3. It is expressly noted that the Website which hosts the e-shop is not a proposal to Consumers to conclude a contract; rather it is an invitation to Consumers to submit a proposal at their own initiative, based on Article 1.7. above, subject to product availability and price check, and the contract is concluded, upon receipt of the order confirmation e-mail, with the Seller to be notified to the Consumer by Papastratos, and is subject to the above condition precedent under Article 3.2.

3.4. When the Product is ready to be delivered, we will notify you by e-mail and/or sms, which will include the necessary details for monitoring the delivery of your order. In the event that the Product is ultimately not available or if an error is found in the availability or price or in the event of cancellation/termination of the contract under 3.2, the Seller will refund without undue delay all the amount of money paid. In the event of delay or other problem on delivery, contact either the relevant Seller or the courier company responsible for the delivery.

4. Maximum amounts of orders

4.1. Each Consumer can buy up to 40 sealed cans of nicotine pouches per calendar month:

4.2. The maximum purchase limits can be changed, while there might also be a purchase limit per day, to be announced on the Website. It is noted that we implement an automated system that does not allow the addition of supplementary Products above the limit set each time.

4.3. Papastratos also reserves the right to refuse, at any time, any purchase or the execution of any order, if there are suspicions that these terms are being violated or that a Consumer is making purchases (in the same or separate orders) that are not intended for private use or in any other case where there are suspicions of violation of the law or these terms.

5. Product Prices

5.1. The product prices indicated on the e-shop are in Euros (€), they include the value-added tax (VAT), and they are total.

5.2. In general, we reserve the right to freely set the prices of the Products, to modify them, and change and/or withdraw offers and/or any possibility to have the option to pre-order Products at any time. Consumers will be informed of the price and/or offer, and/or pre-ordering option applicable each time from the relevant post on the e-shop (and such information will apply to future purchases, rather than already placed orders). We also reserve the right to change the commercial policy on the delivery cost and the payment methods through the e-shop and telephone orders, at any time. In any case, Consumers will always be informed about the prices and the costs before their order is sent.

5.3. Even though every effort is made to make sure that all the details, descriptions and prices displayed on this Website are accurate, errors may occur. In that case, you will be notified, as provided for in Article 3.5. above.

6. Payment arrangements

6.1. The following payment methods are available for purchase of Products through the e-shop:

6.1.1. cash on delivery (in cash or by remote POS) of the Product upon delivery of the Product unless it is excluded as a method of payment in specific cases of purchase or delivery e.g. delivery to Smart Lockers or other (however, the permissible limit for payment of the cash consideration is the limit set by law);
6.1.2. credit or debit card;
6.1.3. PayPal

6.2. In the event of price payment by credit card, this may be carried out by use of cards acceptable by the e-shop. If the Consumer chooses to pay by remote POS or credit card, the procedure will be carried out and concluded through an acknowledged payment service provider, offering, as stated by it, all the safety guarantees for the conduct of electronic payments. The payment data submitted by the Consumer are collected and processed solely by the associated payment service provider, who is exclusively responsible for processing them to complete the payment. The payment service provider will be responsible for any problem that may arise during payment by credit card. We do not store and do not process the Customers’ card details. We may reject a Consumer’s order or withdraw the sale at any time, if it is established or speculated that there is any problem in relation to the card details. It goes without saying that the Consumer shall bear the full and exclusive liability for properly entering and completing their credit/debit card details in the payment system.

6.3. We reserve the right to amend the payment method options (e.g. disabling the option of payment via Pay Pal or by specific credit or debit cards) depending on business needs and capacities, with a view to the optimal operation of the system and proper fulfilment of the transactions. If such an amendment is implemented, the removed payment method will not be available to be selected by the Consumer in the order submission procedure.

7. Details of delivery arrangements

7.1. The delivery of the Products purchased by the Consumer through the e-shop is carried out by the Seller or their partners (courier companies), in the following ways:

a) Delivery to an address indicated by you upon completion of your order. In this case, you must present yourself in person to receive the Products and have the appropriate identification documents (to prove your identity as an Account User and that you are an adult). Otherwise, any courier acting as an agent of the Seller will refuse to deliver the Product, which will be returned to the Seller. In that case, the purchase and sale contract will be automatically cancelled as stated in Article 3.2. above, since the verification of the Consumer's legal age and the identity check following the verification of identity is an absolute prerequisite for the delivery of the Products, which consists a legal foundation for the purchase of our Products are an indispensable condition for the delivery of the Products, without the foundation of which the sale and purchase would never have been concluded (legal foundation - suspensive condition).
b) After the successful completion of the first order from any Remote Sales Channel of Papastratos, or if your age has already been confirmed in person at a physical store, for each future order the possibility is provided for the collection of the Products by an adult who will present himself/herself for collection at the point indicated by the Consumer as the point of delivery of the Product (the deliverer may also request to verify the identity of the person receiving the Product for age verification purposes).
or
c) You can choose to have your order delivered to a Smart Locker, when this delivery option is offered, if you are alegal aged verified Consumer either due to a previous remote sales purchase or in a physical store. This method in any case, applies only to purchases from the Website. You may select among the available Smart Lockers. You will receive an SMS or/and an e-mail from the associated courier company stating when your order was delivered to the Smart Locker and you will have 2 business days from receipt of the above (the courier may extend this period for another business day, in which case you shall receive a new SMS and email) (collectively, "the Deadline"), unless you are notified of another deadline by the courier company. You must collect personally your order from the specific locker indicated by using the code received by sms in your mobile phone. If you do not pick up your Product within the Deadline your order will be cancelled and your money will be refunded as stated in article 8.6.
We reserve the right to make any modification to the above delivery arrangements at any time, by informing the Consumers either by changing the present Terms or by a specific post in our Website. In any case, any specific terms regarding the delivery arrangements included in our Website shall prevail in case they deviate from the present terms.

7.2.Products may only be delivered within Greece, as sale of Products abroad is not permitted.

7.3.1 Cost for the delivery of products is as follows:

a) FREE Shipping (unless otherwise laid down in the Website at the time of your order):

i) For purchases from 49€ and more, all over Greece for all types of orders – regardless of route (same day or next/ day after the next etc)

ii) For deliveries to Smart Lockers all over Greece

b) COST of Shipping* (unless otherwise laid down in the Website at the time of your order):

2,50€ for purchases below 49€, throughout Greece for all types of orders – regardless of route (same or next day / day after the next etc).

*An exception is made for orders concerning programs for which the Company will inform you each time that they are excluded from the shipping costs, at its discretion.

7.3.2 If a delivery charge is applicable, it will always be paid together with the price of the Product, either at the time of purchase from the Website or at the time of delivery of the Product, either by cash or by POS payment to the courier, at the delivery address entered in the order and indicated in the order confirmation. There is no option to pay separately.

7.3.3 Delivery costs and shipping may be modified at any time by the Company at its sole discretion (by means of a notification in these Terms and/or in the Website).

7.4. The order will be dispatched within the delivery time mentioned in article 7.6 below, while for any problem the provisions of Article 3.5 apply.

7.5. The following delivery options are not available (unless otherwise specifically stated on the Website or when placing your order or upon special arrangements with the courier company - if such an arrangement is offered at the couriers’ discretion):

7.5.1. Appointment for receipt of delivery.
7.5.2.Delivery made to a point other than the one indicated in the delivery address you have provided in your order (exceptionally it is possible to pick up from a courier branch that we cooperate with upon request).
7.5.3. 7.5.3. Delivery on Weekends and/or official public holidays

7.6. 7.6. More specifically, the following apply (which may be amended from time to time and for future purchases by posting on the Website and/or these terms and conditions - in any case, the terms and conditions stated on the Website shall prevail, if different from those in this table ):

DELIVERY WITH COURIER COMPANY

Order consignment time	Delivery time	Place of delivery
By 12:00 on weekdays (excluding holidays and weekends)	On the same day only in Attica	Only for specific places of delivery (see Attachment Table)
By 16:00 on weekdays (excluding holidays and weekends)	From the next business day and within 5 business days	Throughout the Greek Territory (see Attachment Table)
After 16:00 or for an order placed during weekends or holidays	From the day after next and within 5 business days	Throughout the Greek Territory (see Attachment Table)

DELIVERY WITH SMART LOCKER SERVICE

ORDER CONSINMENT TIME	DELIVERY TIME	PLACE OF DELIVERY
By 16:00 on weekdays (excluding holidays and weekends)	Within 24 hours from the moment the vendor receives the order for overland destinations and 48 hours for island destinations	In the lockers that vendor has activated and are found on the checkout page

In more detail here.

7.7. Where days or weekdays are indicated above, they shall always mean “business days”. It should be noted that the schedule of delivery of the Products may change for reasons of Force Majeure or unforeseeable incidents beyond our influence and control. In this case, we will contact the Consumer by email or telephone or by text message to provide the Consumer with the relevant information. It is also noted that the above time limits do not apply to pre-ordering, but the estimated delivery time, as indicated on the e-shop, and as explicitly agreed between the Seller and the Consumer upon placement of the pre-order, shall be applicable instead.

7.8. 7.8. We shall not bear any liability in the event that the person performing the delivery (Seller or third-party collaborating company) appears within the above time limits but does not manage to deliver the Product, due to erroneous delivery data, or absence of the Consumer. In that case, we are entitled to release the Products ordered and to cancel the order, refunding the amount paid within a few days.

8. Withdrawal

8.1. The withdrawal right is granted only to natural persons acting in their capacity as consumers, in accordance with Law 2251/1994. Provided that the Consumer is a natural person acting (only) as a consumer, he/she may rescind this agreement without providing any explanation, without prejudice to the terms of Article 8.7.3 below.

8.2. Withdrawal is only possible for Products (closed packaging with nicotine pouches), provided that the packaging has not been opened for reasons of hygiene and consumer safety. Also, Products purchased in a box can be returned even if the box is opened as long as the packaging has not been opened. Individual Consumables (i.e. nicotine pouches) cannot be returned.

The withdrawal also does not apply to the Click n'Collect service referred to in Article 9.

8.3. The Consumer is required to inform us of his/her intention to withdraw the Product/s in 14 days timeframe from the day that:

the Customer acquired the physical possession of the Products, or
the Customer acquired the physical possession of the last Product, in the case of a contract concerning numerous Products forming part of the same order, which are delivered separately.

To comply with the withdrawal period, it is sufficient to contact us as set out in the following Article 8.4. or to send us your notice of exercise of your right of withdrawal before the above withdrawal period expires.

8.4. The withdrawal procedure is as follows:

The Consumer contacts the Company through its Call Centre (2104193777) informing about the decision to withdraw by indicating the details related to his order as they are included in the withdrawal form;

Then, arrangements will be made for a carrier or a third-party associate (courier) of the Seller to receive the Product returned, along with the withdrawal form, from the Consumer;

The Product will be received for inspection, and the Seller will return the money corresponding to the price paid for the returned Product.

**It should be noted that filling in the withdrawal form is highly significant for the conclusion of the withdrawal/return procedure: the Consumer must state the details recorded therein when contacting one of our representatives, for the conclusion of the withdrawal/return. Therefore, and with a view to facilitate the process, we encourage all our Customers to fill in the above form electronically or by hand, and to enclose it in/attach it to their contact with our representative, so that the order can be more easily traced and the return of the Product can be properly managed.

8.5. Noted that the Consumer shall bear the direct cost of return of the Products, provided that the Consumer selects his/her own means of return of the Products (not the means/manner indicated to the Consumer by Papastratos, after consultation, in one of the manners listed in Article 8.3.). The cost depends on the price list of the relevant courier company selected by the Consumer.

8.6.Effects of withdrawal

If the Consumer withdraws from this contract (and if all the conditions of articles 8.2. - 8.4.4. are met), the money paid by the Consumer as consideration for the specific Product he/she is returning (including delivery costs), provided that these have been borne by the Consumer without undue delay, after the Product has been returned and checked will be refunded to him/her. Noted that we are not responsible for any delays to the return of your money in case of delay to the procedures or other problems of the payment service provider or in case that any expenses are imposed to you by your bank. You shall be liable only for any decrease in the value of the products that results from handling the products in a manner that was not necessary to specify the nature, the characteristics and the functioning thereof.

8.7. The Consumer expressly agrees that the money will be refunded by the Seller through a deposit to a bank account indicated by the Consumer, if the payment was made by cash on delivery, otherwise to the card used for the payment (the same means of payment you used for the original transaction). The Consumer must correctly disclose his/her details and accepts that the deposit of the money to the account he/she has disclosed to us or to the card used exempts him/her from the obligation to return the money as described above. If payment has been made by PayPal, the money will be refunded either (a) to the card, when payment originates from a card, or (b) to the bank account, when payment originates from a bank account, or (c) to PayPal Balance, when payment originates from PayPal Balance (provided, of course, that it still applies as a payment method for the transaction at issue).

9. Special provisions for “Click n’ Collect”

9.1. You have also the option, to reserve via the Website or by telephone Products to purchase them from a physical store that is more convenient for you (this applies to specific Products only, as announced from time to time)

9.2. In this case, you can select the Products that you want to be reserved for you in a physical store to visit that store of your choice in person in order to conclude the purchase and the payment of the Product.

9.3. Upon submitting your reservation request, you will receive an e-mail acknowledging the receipt and routing of that request. Confirmation of your reservation is subject to stock and price check by the physical store. Once the above have been verified, you will receive a confirmation e-mail; otherwise in case of any problem, the store will contact you directly. If you wish to reserve and pick up the Product from a different store, you will have to repeat the process through our Website or by contacting the Call Centre.

9.4. The store shall reserve the Product for 5 days from the date of the confirmation e-mail. If you do not show up to proceed to the purchase within the above period, your reservation will be released.

9.5. For this service, Papastratos only routes the reservation request to the physical store and sends you the e-mails of article 9.3. The physical store acts as an independent third-party Seller; such that store is solely responsible for confirming the availability and price of the reserved Product, as well as for the proper performance of the service and the execution of the purchase agreement within the physical store. Papastratos is not a contracting party for the reservation and the purchase and sale; that contract is executed only between the Consumer and the respective seller within the physical store.

9.6. The price is paid within the physical shop and only when the purchase is carried out.

9.7. It is clarified that the Click n' Collect service does not constitute a remote sale contract, since the sale contract is carried out in the physical store; therefore, the right of Withdrawal as well as other terms under local laws or/and the present terms that specifically apply to remote contracts are not applicable to this service.

9.8. To use this service, too, you must create an Account on the Website and meet the requirements of article 1.4 above as well as come in person to the physical store to make the purchase. In any case the purchase is subject to the verification of your legal age, as laid down in article 3.2 herein.

10. Guarantees - after-sale customer support services

10.1. Regarding actual defects and lack of agreed properties, the provisions on liability of the seller shall apply, in accordance with the provisions of Articles 534 et seq. of the Civil Code and Article 5 of Law 2251/1994, as amended and currently in force.

10.2. For your after-sales support services provided by Papastratos, you can contact the Company's communication data of the Company by calling the Call Centre (2104193777) daily between 09:00 -21.00

11. Responsibility for the operation of the Website

11.1. The whole content of the Website is provided “as is”, without any requirements or other guarantees of its accuracy or suitability for the use or the purpose for which the products sold are intended. Thus, access to the Website exclusively lies with the responsibility of each Consumer. In addition to that expressly mentioned in these terms, to the maximum extent allowed by the Law, the Company shall not bear any obligations and guarantees which it has not expressly undertaken. In any case, the provisions of the Terms of Use of zyn.com shall apply to issues involving accessing and using the Website, keeping the Account at zyn.com properly, and to issues pertaining to the limitation of the liability of Papastratos.

11.2. 11.2. Consumers must promptly notify Papastratos by calling the Call Centre, if they have reasons to believe that:

their secret password may have become known to a third party, or
here is a risk that their password may be used without their permission.

Consumers shall bear full and exclusive liability for any action (act or omission) carried out through their account. The Company and the Seller disclaim of any liability for damages arising from the use of a User’s account on the grounds of unauthorized access or use of the User’s account, provided that the Consumer has not previously duly notified them.

11.3. We exert our best efforts, in the context of the technical inspections we regularly carry out, so that the services, content and transactions are executed seamlessly, and without any interruption, and that the highest standard of security is maintained. However, Papastratos shall not be liable in case that, for any reason, including negligence, the operation of the e-shop is suspended, or access to it becomes difficult and/or impossible, and/or if, despite the security measures implemented, viruses or any other harmful software are detected and transmitted to the terminals of users/guests, or if unauthorized third parties interfere in any manner with the content and the operation of the e-shop, rendering its use difficult, or causing problems to its proper operation, or intercept details concerning the users’ personal data. Moreover, Papastratos shall not be liable in case of suspension of the access to the e-shop for reasons beyond our control, as well as for reasons due to a technical or other weakness of the network, or to reasons of force majeure, or to unforeseeable circumstances.

11.4. We exert our best efforts to ensure that the photographs of the Products displayed on the e-shop, as well as any videos posted on the e-shop, depict the actual state of the Products, to the extent possible. However, in any event, the Consumer accepts that the Products displayed in the photographs and the videos may deviate from the actual state, form, size, colour, and overall image of the Products sold by the e-shop. We shall not bear any liability in the event of any deviation of the photographic depiction of the product or the depiction thereof in a video from its actual image

11.5.11.5. For any other damage sustained by the Consumer as a result of using or navigating on the e-shop, we disclaim any liability for any consequential, potential and indirect damages, or for loss of profit, including profits not made, loss of data, suspension of activity, damage to fame or reputation, or for the cost of purchase of substitute products, or any other damage, of whatever nature, that could arise from the use of the Website and its features, or the content thereof, or from the inability to use the Website, the inability to participate in any tendering procedure or offer, and/or the inability to purchase or send any item or product relating to the Website and its features, regardless of whether such damages could have been foreseen, or whether they arise in the framework of the contract, the conduct of the purchase, out of the products appearing on the e-shop, due to tort or by negligence, under applicable laws, or in another manner. In any case, however, and provided that any damage is due to the proven fault of the Seller, the latter shall bear liability only for the coverage of any actual damage caused to the damaged party that demonstrably originates from and relates directly to the event giving rise to the damage, and the wrongful act or omission. In the event of negligence, any damage shall be limited to the amount of EUR one thousand (€1,000). Thus, all the liability limitations contained in these Terms of Use, which are acknowledged and accepted by the Consumer in their entirety as being valid and consistent with good faith and transactional practices, apply.

11.6.11.6. The Consumer uses the e-shop and acquires access to the content posted, at their own initiative and exclusive responsibility, having full knowledge of the fact that the Website contains nicotine products,. The Consumer agrees to compensate, defend and release the Company, the Seller, the companies of the Philip Morris International Group, the managers, officers, employees, consultants, representatives and associates thereof of any and all claims of third parties, liability, damages and/or costs arising as a result or on the occasion of any wrongful illegal or anti-contractual use of the Website from the User, or as a result of the wrongful breach on the User’s part of any of the Terms of Use. In any case, the Consumer must promptly notify the Company via the Call Center 210 4193777 (charge depending on the telecommunications provider)| operating hours of the ZYN call centre, daily 09:00 – 21:00, or by mail at contact.gr@zyn.com, if he/she has become aware or has reasonable suspicion or indications that the Website has been used in an illegal or anti-contractual manner by him/her (even due to his/her negligence) or by any other person, so that the Company will be able to take the necessary measures to limit any damage.

12. Licence to access and use the e-shop - Intellectual Property, Content and Trademarks

12.1. The e-shop is addressed to Consumers that cumulatively meet the conditions set forth in Article 1.4. above. The Consumer is granted a non-exclusive license of access and personal use of the e-shop, as specified in the Terms and Conditions on the use of the Website . In the event of unauthorised use or breach of any term hereof, the license granted by the Company shall cease to be effective.

12.2. The intellectual property rights on the software and on the content of the e-shop are either held by Papastratos, or companies of the Philip Morris Group, or the lawful beneficiaries thereof, and are protected by the applicable laws on intellectual property rights. The Consumer does not hold any licence or consent to use, in any manner, the trademarks displayed on the e-shop, or the trademarks owned by third-party legal entities. Papastratos reserves exclusive rights over the domain name ‘iqos.gr’. Moreover, all the trade names displayed on the e-shop are duly subject to legal protection.

13. Final provisions

13.1. Papastratos reserves the right to select, at its sole discretion, the Products it will make available for sale in its Remote Sales Channels, and to amend, renew, and/or withdraw them at any time, without incurring any liability, and without any prior notification to consumers (each change will be made before conclusion of the sale contract with a specific consumer, and will concern future orders).

13.2. The Consumer must be each time informed about the Terms and Conditions concerning purchases through the Remote Sales Channels of Papastratos before concluding the purchase, as they may be amended from time to time by a mere post on the Internet (with effect for future purchases). The Company reserves the right (indicatively):

a. to change, at any time, all or part of the Terms (in each case, the parties are bound by the terms as they are in force at the time of the sale);

b. to renew or upgrade part or the whole of the Website content, the interface, the structure, or the configuration of the e-shop, as well as its technical specifications;

c. to limit access to the whole e-shop or a part thereof or to the Remote Sales Channels in general;

d. to cancel, suspend permanently or temporarily, or terminate the operation thereof;

e. to modify the Products offered for sale, to permanently or temporarily cease, or to cancel the sale of Products;

f. to change the manner of operation of the e-shop, and the charges;

g. to post information for a specific period of time and/or until exhaustion of the stock, to make ordinary or extraordinary discounts, etc.

13.3. Should any term of the contract be judged as abusive or be cancelled, this shall not affect the remaining terms of the contract, which will continue to apply and to bind the parties. When a single term or any part thereof may be treated individually, in order for the remainder to be rendered valid, that term shall be construed accordingly. Otherwise, the parties agree that the term will be repaired and it will be construed in a manner that approaches the original meaning to the greatest extent, in accordance with law.

13.4. These terms have been drawn up and are construed in accordance with the laws of Greece. Upon accepting these Terms and Conditions, you understand that you are subject to the exclusive jurisdiction of the courts of Athens, Greece.

13.5. Any delay by the parties in exercising some or all of the rights stemming from these Terms shall not result in the weakening or waiver of such rights, which may be exercised at any time, at the discretion of their holders.

13.6. Alternative dispute resolution: According to Directive 2013/11/EU, which was incorporated in Greek legislation by Joint Ministerial Decision 70330/2015, there is provision for the option of online dispute resolution for consumer disputes, under the process of Alternative Dispute Resolution (ADR), throughout the European Union. Consumers acting in the capacity of consumer and having any problem with a purchase made from the e-shop may initiate the ADR process via the single EU-wide platform for online dispute resolution (ODR platform), which is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, which allows consumers and suppliers to submit any disputes that may arise from online purchases to an online dispute resolution procedure. The certified Alternative Dispute Resolution (ADR) Body is: the European Consumer Centre of Greece (ECC GREECE) – Consumer Ombudsman, 144 Alexandras Ave, 11 471, Athens, +30 2106460284 +30 2106460784, info@eccgreece.gr and http://www.synigoroskatanaloti.gr/. It should be noted that a necessary condition for consumers to have recourse to the Alternative Dispute Resolution process is that they have previously notified their problem to the email contact.gr@iqos.com, seeking a solution. According to law, the ADR process is not binding upon the parties, which may depart from it at any time. The consumer may contact the above ADR body, in order to seek guidance throughout the process of submission and processing of their complaint. For more information regarding alternative dispute resolution, you may visit the website http://www.synigoroskatanaloti.gr/stk_odr.html.