ZYN General Terms of Sale
INTRODUCTION
1.1 These General Terms and Conditions of Sale apply to the sale of products under the “ZYN” brand, as defined below, through the ZYN.com website (“Website”), operated by Philip Morris BH d.o.o. Sarajevo, headquartered at Džemala Bijedića bb, Capital Tower, Sarajevo, a branch of Philip Morris Products SA (“Manufacturer”) located at Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland, which is not a party to this contract even though it is the owner or holder of licenses of logos, trademarks, and intellectual property rights presented on the website and/or related to the Products, as further specified in the Website Terms of Use available here and to which reference should be made.
1.2 The sale through the Website of “ZYN” brand products is carried out under the exclusive rights of the seller Boreas d.o.o. Kreševo, with headquarters in Kreševo, Polje bb, 71260, Kreševo, tax number 236068450008 and registration number in the Register of Business Entities 42360684500082 (“Seller” or “Boreas d.o.o. Kreševo”).
1.3 In accordance with the Consumer Protection Law, the Seller’s mandatory general information is as follows: Boreas d.o.o. Kreševo, headquartered in Kreševo, Polje bb, 71260, Kreševo, tax number 236038450008 and registration number in the Register of Business Entities 42360684500082.
DEFINITIONS
a) “General Terms”: the general terms of sale in the version published on the Website at the time the purchase order is submitted to the Seller;
b) “Consumer”: any natural person over the age of eighteen (minimum eighteen years, which will be verified, among other things, at the time of delivery), who purchases Products for purposes not related to any entrepreneurial, commercial, craft, or professional activity they may perform;
c) “Product(s)”: the different types of the “ZYN” product portfolio commercialized by the Philip Morris group and placed on the market by the Seller through the Website;
d) “Price(s)”: the prices of the Products as indicated on the Website at the time the purchase order is submitted;
e) “Cart”: the virtual container present on the Website in which Products selected for purchase are placed;
f) “Delivery”: the methods and all shipping and delivery costs of the Products, as indicated on the Website and, in any case, within the limits of the territory, at the time the purchase order is submitted;
g) “Parties”: the Seller and/or the Consumer;
h) “Territory” means the territory of Bosnia and Herzegovina.
OBJECT
3.1 These General Terms aim to regulate the purchase of Products through the Website.
3.2 Before performing any operation related to the purchase of Products via the Website, you are invited to carefully read and accept these General Terms. By submitting any order, the Consumer declares that they fully understand and accept these General Terms.
PRODUCTS
4.1 The characteristics and composition of the Products are described and available on the Website, as indicated in each product description.
4.2 Before submitting an order to the Seller, Consumers must carefully read the description of the Products on the Website.
4.3 The visual representation of Products on the Website, if available, generally corresponds to the photographic image of the real product shown on the Website. It is understood that product images are provided solely for representation or illustration purposes and do not constitute perfect characteristics and quality of the products, which may vary in color and size. In case of any discrepancies between the image and the product page, the description of the displayed product prevails.
PRICE
5.1 The price expressed in BAM includes standard product packaging costs plus VAT (if applicable) and all indirect taxes.
5.2 Prices do not include, unless otherwise indicated, various delivery costs. All other shipping methods and related costs, as well as information on free delivery, when and under what conditions available, are communicated and listed on the Website by the Seller. Product prices also do not include postage costs, so where cash-on-delivery is applied, this will be indicated on the Website before proceeding with submitting the order. Prices are subject to change at any time without prior notice, but such changes do not apply to already placed orders.
5.3 The Consumer must pay the Seller the price indicated in the order confirmation sent via email/Viber and due according to these General Terms. If at the time of ordering the Products are no longer available, Boreas d.o.o. Kreševo is responsible for immediately informing the Consumer. The Seller will also promptly refund any amount already paid, and the order will be considered canceled.
5.4 Consumers are aware that failure to consider the costs, fees, taxes, and/or customs duties from provisions 5.1 and 5.2, indicated at the time of transferring the order to the Seller, does not constitute a valid reason for canceling these General Terms, and under no circumstances shall they be allowed to charge the Seller for these costs.
SUBMISSION OF ORDERS
6.1 The presentation of Products on the Website constitutes an invitation to place a purchase offer.
6.2 To order, Consumers select the desired Products among those available on the Website, place them in the Cart, and submit the order to the Seller. As stated in provision 6.9, the order is a contractual proposal for purchase. All orders may be placed for one or more Products; in such cases, Products listed in one order may be shipped together or separately, depending on the Seller’s inventory availability, without additional charges for Consumers (exempt from additional postage payments).
6.3 Orders may be submitted only by adult Consumers (minimum age: 18 years), who are registered on the Website or already have an IQOS website account. For this purpose, after selecting Products, the Consumer may alternatively:
a) log in if already registered, entering login credentials and accessing the “Personal Data” section on the ZYN account;
b) if not registered, create an account on the Website, providing required information, including a valid email address and mobile phone number, accepting the terms of use of personal data and the Website Terms of Use.
6.4 After login or registration, Consumers continue submitting the order by entering required purchasing data. Consumers may also enter the delivery address (within the Territory) and/or a phone number for urgent communication regarding the purchase; the address and number may differ from those indicated during registration.
6.5 During order completion, Consumers will receive the order with a fiscal receipt, including billing details. The courier will perform age verification. Only adults (18+) can receive the package.
6.6 Before placing the order, the Consumer may review the order summary, with order details, which can still be modified before finalizing the order. Before ordering, the Consumer must carefully read these General Terms.
6.7 To submit the order to the Seller, the Consumer must complete the order and finally submit it by clicking the “Complete Order” button on the Website.
6.8 At the time of order submission, Consumers also choose among the following options available on the Website:
a) method of payment, as described in section 7;
b) delivery method.
6.9 The order submitted to the Seller constitutes a contractual proposal for final purchase.
PAYMENT METHODS
7.1 The price may be paid in cash upon delivery.
7.5 In the case of cash-on-delivery payment, the amount due is indicated in the Cart in the order summary received via email. On the delivery day, Consumers pay the courier in cash and exclusively in BAM currency.
ORDER ACCEPTANCE
8.1 After successful submission of the order and without prejudice to section 8.2, the Seller sends an order acceptance message to the Consumer’s email address provided during registration.
8.2 All Product purchase agreements are considered concluded at the moment Consumers receive the order confirmation referred to in section 8.1.
8.3 If at the time of processing the order the Products are no longer available, the Seller promptly notifies Consumers of the new circumstances by phone call. The Seller also immediately refunds any processed amount, and the order/agreement is considered canceled.
DELIVERY
9.1 After the order is processed, Consumers receive an email containing order details. In the case of Click & Collect, the Consumer may pick up the order at selected IQOS retail locations.
9.2 Products are delivered to the address provided during purchase according to section 6.4 and delivered directly to the Consumer, not third parties, subject to courier verification that the Consumer is an adult (18+). The courier must visually confirm the recipient is 18+; otherwise, if the Consumer is found to be under 18, the order is returned and canceled.
9.3 Consumers acknowledge and accept that Products available on the Website may be delivered within Bosnia and Herzegovina only; if a user attempts to order outside Bosnia and Herzegovina, the system will not allow processing.
9.4 Except in cases of force majeure or unforeseen circumstances, the Seller currently offers standard delivery with an approximate delivery time of up to 3 business days (72 hours). Deliveries are not performed on weekends and holidays.
RIGHT OF RETURN AND CLAIMS
10.1 Consumers have the right to withdraw from any contract concluded with the Seller, without stating a reason, within 14 days from the day the Products were delivered.
10.2 Consumers wishing to exercise this right must inform ZYN Customer Support by calling the toll-free number 080021212, including the pickup address for the courier service and the reason for return/withdrawal. ZYN Customer Support records the cancellation or return on the user profile without written notification to the person who placed the order.
10.3 The Seller offers a method of product return via express courier (X Express), without postage costs for the purpose of return. Consumers must contact ZYN Customer Support to use this method.
10.4 Returned Products must be in the same condition in which they were received (original packaging without damaged wrapping and without the box being opened, and with a valid fiscal receipt). The Product must not be used. Consumers may be held responsible for any reduction in value caused by handling that differs from the original condition.
10.5 In case of exercising the right of return, the Seller refunds the Consumer the full amount paid during the order, excluding delivery costs, within 14 days from the date the Product is collected from the Consumer.
For cash-on-delivery purchases, the Consumer must return the Products in original condition and with a valid fiscal receipt to the courier. Since the payment was in cash, the courier refunds the amount to the Consumer based on the fiscal receipt.
If the Consumer wishes to receive a refund at one of the official sales points, they must inform ZYN Customer Support to receive proper instructions.
DEFECTS
11.1 In case of any defects in purchased Products, the Consumer must contact ZYN Customer Support at 080021212 or visit the nearest official ZYN retail location or send an email to contact.ba@ZYN.com to report defects with supporting evidence (Product and fiscal receipt).
11.2 Customer Service performs necessary checks to determine the validity of the warranty and the existence of nonconformity claimed by the Consumer; if a defect exists, the return of defective Products is authorized according to instructions provided by Customer Service. Authorization alone does not constitute recognition of nonconformity.
11.3 After confirming nonconformity, the Consumer has the right, at their choice and within legal limits, to have the Product repaired or replaced free of charge.
11.4 The Seller is responsible to the Consumer for any nonconformity existing at the moment of delivery and occurring within two years, or until the Product’s expiration date. The Seller is not responsible for defects caused by normal wear or improper use (e.g., use not in accordance with instructions).
PERSONAL DATA PROCESSING
Personal data provided by Users regarding payment instruments and data related to payments for purchases of ZYN products made through www.ba.zyn.com (“Website”), as well as data necessary for product delivery, order processing, and after-sales services including legal warranty, will be processed by Boreas d.o.o. Kreševo as an independent data controller in accordance with the Personal Data Protection Law (“Official Gazette of BiH” No. 12/25).
Data provided by users for Website registration are collected directly by Philip Morris BH d.o.o. Sarajevo as an independent controller. These data will then be communicated to Boreas d.o.o. Kreševo for the purposes of performing sales services and regulatory obligations.
ORIGIN, PURPOSE, AND LEGAL BASIS OF PROCESSING
Personal data are collected directly from the data subject by Philip Morris and in some cases by Boreas d.o.o. Kreševo and processed during account registration and Website use for:
a) managing orders, processing, billing, and delivery of Products ordered via the Website;
b) managing after-sales activities and possible product returns.
Data include, for example: identification data (name, surname, ID code, order ID), contact information (email, address, postal code, phone/mobile number), used for order management and delivery.
Providing personal data for purposes under a) and b) is mandatory for completing the purchase and after-sales activities. No special consent is required because the legal basis is contractual and/or legal obligations.
DATA PROCESSING METHOD, STORAGE PERIOD, AND SECURITY MEASURES
Personal data are processed manually and electronically in accordance with purposes above, ensuring confidentiality and security.
Data are stored only as long as necessary. Data protection is ensured by SSL encryption.
Card payment data are not stored by the Seller. Transactions occur exclusively through the payment service provider.
SCOPE OF DATA DISCLOSURE AND TRANSFER
To fulfill the purposes, Boreas d.o.o. Kreševo may disclose personal data to third parties providing services, ensuring proper protection measures. Data may also be disclosed to public authorities, IT service providers, and in case of corporate changes.
Personal data may also be disclosed to employees or consultants designated as processors.
DATA SUBJECT RIGHTS
Data subjects may exercise rights under applicable laws at any time, including:
– right of access
– right to correction
– right to deletion
– right to restriction
– right to data portability
– right to withdraw consent
– right to lodge a complaint with the supervisory authority.
METHOD OF EXERCISING RIGHTS
The purchaser may exercise their rights by sending an email or written request to Boreas d.o.o. Kreševo at boreas@stanic-boreas.com or by mail to Polje bb, 71260 Kreševo, Bosnia and Herzegovina.
The data controller is Boreas d.o.o. Kreševo.