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GENERAL TERMS AND CONDITIONS

glo™ General Terms and Conditions

The Glo.ch  website is made available to you in accordance with these terms and conditions of use ("terms and conditions"). This website is owned by British American Tobacco Switzerland SA ("BAT") and the terms "we", "us" and "our" used herein refer to British American Tobacco Switzerland SA. Orders placed on the www.glo.ch  website ("Glo") are processed by British American Tobacco Switzerland SA, Route de France 17, 2926 Boncourt, e-mail contact infoch@bat.com  ("BAT").

1. SCOPE OF APPLICATION

These terms and conditions apply to the entire use of the Glo website, as well as purchases that are made on its online site. By registering on this website, you accept these terms and conditions. They explain our privacy policy (see more details in our data privacy policy, Clause 14), your rights when using our services, our rights, and the rules we establish for users of our website.

In addition, these terms and conditions apply to promotional activities posted on this website or conducted under our brands (including, but not limited to, Glo), including contests and sweepstakes, unless you are explicitly informed of specific terms and conditions to the contrary for such activities. Additional terms may also apply to certain programs (Specific Terms).

Purchases made on Glo, and thus the sales contract concluded between BAT and you, are governed exclusively by these General Terms and Conditions.

We reserve the right to change these terms and conditions at any time. The terms and conditions that apply are those that are in effect at the time you access and use the website, or at the time you make a purchase from Glo.ch. It is therefore your responsibility to regularly review the general terms and conditions which can be changed at any time.

In case of differences between the German and French versions of the general terms and conditions, the French version shall prevail.

2. ACCESS, PASSWORD

This site is intended exclusively for consumers of tobacco and/or nicotine products who are at least 18 years of age, resident in Switzerland, and whose purchase of tobacco and/or nicotine products is intended for their personal use. To validate your purchases in the online store, you must prove your identity, age and place of residence. In addition, the location of the computer from which you access the website is checked using its IP address. Only access from Switzerland is granted. To obtain access to online shopping, you must register and choose a username and password that will be exclusively for your personal use. This information must not be passed on to third parties. This measure is intended to prevent any use by unauthorized third parties. As a user of this website and the online store, you are obliged to take the necessary measures to keep your username and password secret.

You are obliged to inform us immediately if you have reason to fear that (i) someone has knowledge of your password or username or (ii) there is a risk that your username and password may be used without authorization. You are responsible for all activities that occur under your username and password. We are not liable for any damage resulting from your faulty disclosure of your password and/or username to third parties.

The personal data you are asked to provide during the registration process must be true and accurate. The offerings on Glo do not include access to the Internet or any other network or communication service or any hardware, software, storage, security or other resources necessary to access or use the offerings (see definition in Section 5). You and your other suppliers and service providers are responsible for the procurement of all such items and their reliability, security and performance. Not all offers, and not all features of an offer (including those described on the website and/or on Glo), are available in all languages.

Your user account allows you to use this website and access the Glo online store solely for your own personal, non-commercial use. You may not market it or use it in any occupation, trade or profession without BAT's prior written consent.

We reserve the right to delete your registration and thus close your user account at any time and without notice if you fail to comply with the obligations set out in these terms and conditions.

3. USE OF THIS SITE AND THE ONLINE STORE

You are responsible for all access to this website and the Online Store through your Internet connection. You are not permitted to disclose your password to any third party for the purpose of granting them access as a registered user.

You are prohibited from using this website or the Online Store, or submitting to us or this website, or any user of this website and the Online Store, anything that in any way:

Is in violation of any law or regulation of any jurisdiction having jurisdiction;
Is fraudulent, criminal or illegal; or
Is inaccurate;
Is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, defamatory, false or political;
Imitates another person or organization or misrepresents a relationship with a person or organization;
May infringe or violate any copyright or intellectual property rights (including, without limitation, copyright, trademark or broadcast rights), privacy or other rights held by us or any third party;
May be contrary to our interests and those of Glo;
Is contrary to a particular rule or requirement we stipulate on this website in connection with a specific part of it or the Glo online shopping site or in connection with this site in general;
Or involves your use, delivery or transmission of viruses, junk mail, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines intended to damage, disrupt, stealthily intercept or expropriate any system, data or personal information.

4. CONDITIONS OF PARTICIPATION IN CONTESTS HELD ON GLO

The contests organized on Glo are exclusively intended for consumers of tobacco and/or nicotine products who are at least 18 years old and reside in Switzerland. Only persons registered on Glo may participate.

Excluded from these contests are our employees, as well as their relatives, our service providers, employees of BAT, and of all companies affiliated to the British American Tobacco group in Switzerland and worldwide.

Participation in a contest on Glo requires acceptance of both its terms and conditions and the specific terms and conditions of the contest in question. We also reserve the right to terminate a contest at any time at our sole discretion, without entitlement to any compensation. No rights are acquired, and no benefits can be claimed.

We are also not responsible if the data entered in the forms or e-mails of the participants cannot be recognized by the system or, more generally, if, as a result of a technical or other failure, a person could not participate in a contest.

We reserve the right to exclude participants from competitions at our discretion and without compensation. This applies in particular to participants who manipulate or attempt to manipulate their participation (multiple account creation) or who violate the general or specific terms and conditions of the contest or who in any way misuse the contests offered.

We also reserve the right to replace any prize with another prize of the same value.

In addition, all other provisions of these general terms and conditions apply, in particular those concerning access to the site, rules of use, exclusions of warranty and liability and data protection.

5. CONCLUSION OF A PURCHASE CONTRACT ON GLO

When you place an order on Glo, you purchase the products from BAT. BAT is also responsible for the preparation, delivery and invoicing of your orders.

Every order constitutes an offer by you to purchase products. Upon receipt of your order, BAT will send you an order acknowledgement which does not constitute acceptance of the order. If the confirmation of receipt of the order contains incorrect information, you are obliged to inform BAT immediately (see contact details in article 16 below).

Your order will be accepted by BAT and a purchase contract will be deemed concluded once BAT has sent you a delivery e-mail, confirming the delivery of your order.

BAT will inform you in due course if it decides not to accept any of your orders.

If BAT becomes aware of any violation of these Terms and Conditions in connection with a purchase on Glo, we reserve the right to prohibit you from using and accessing this website and Glo and to cancel your user account without notice.

Unless otherwise stated on Glo, the maximum amount per customer per individual purchase is : CHF 800.00

We reserve the right to change the maximum quantities of products indicated above at any time.

6. PRESENTATION, AVAILABILITY AND DELIVERY OF PRODUCTS

In general, Glo's product offer (description, colors, prices and availability) is not binding. We reserve the right to change this offer at any time and to remove individual products completely. We are not responsible for typographical errors, inaccuracies or incompleteness of the product descriptions.

We strive to ensure the best availability of the products offered on Glo. The posting of a product on Glo does not mean that we guarantee the availability of that product.

In case of unavailability of ordered products, BAT may not be able to fulfil your order in full. In this case, BAT reserves the right to cancel your order, to deliver only part of the products ordered in the first instance and to complete the delivery of the order at a later date or to postpone the delivery date for the entire order. BAT will inform you accordingly.

Delivery is made by the Post Office to your home and is limited to Switzerland.

In general, orders confirmed by BAT are delivered to the address indicated in your order confirmation. If you are not present at the time of delivery, the order will be delivered, if possible, to your mailbox or parcel box. If the size of your box does not allow it, you will receive a notice of withdrawal at the Post Office. If your package is not picked up at the post office within the specified time, the price of the order remains due and will not be refunded. BAT may freely dispose of products that have not been collected from the post office and returned, and sell them to a third party without judicial authorization; you may nevertheless request a new delivery of products of the same kind in the same quantities, subject to available stocks, subject to prior payment of the costs associated with this new order.

Delivery is made in Switzerland only.

Delivery costs
Priority delivery in Switzerland is CHF 0.00 for all orders. We can change the above values at any time.

Delivery times and deadlines
The delivery is generally made within 1-2 working days after the order if the order is placed from Monday to Thursday. An order placed on Friday morning is usually delivered on Tuesday. An order placed on Saturday or Sunday is usually delivered on Wednesday. Delivery times are not guaranteed and may vary. Failure to meet delivery deadlines does not entitle the customer to any compensation. It is not possible to choose a specific delivery time or to demand a specific delivery day. There are no deliveries on Sundays, national and cantonal public holidays.

7. RESALE

The resale or the provision of products purchased on Glo to third parties is strictly forbidden and will be considered as a material breach of these conditions.

8. PRICES

All prices displayed on Glo in Swiss Francs include VAT at the applicable rate. The prices displayed at the time you place your order are binding.

The prices of the published products will be, according to the total amount of the order and the mode of delivery, increased by the shipping costs (see paragraph above). The Swiss Post rate for delivery within 1 to 2 days will apply.

9. PAYMENT / VALIDATION OF VOUCHERS AND CODES / LAUNCH OFFER

You can pay by credit card, debit card (Visa, MasterCard or PostCard), online (PostFinance, E-PostFinance) or by TWINT. Credit card, debit card or PostFinance / E-PostFinance: Your account will be debited as soon as the order is shipped. As soon as the delivery process of the order has started, and the orders have been taken over by the Swiss Post, any refund will not be possible.

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

At any time after creating your account, in My Account / Credit Card Information or during the purchase process, you can choose to store your credit card information for future transactions or to delete it. If you choose to delete your credit card information, you will be required to re-enter your credit card information for all future transactions.

Please note that additional charges may apply to payments made with a credit card, depending on the agreement between you and your credit card issuer. The terms and conditions governing the use of your payment solutions apply, unless otherwise specified.

We reserve the right to prohibit you from using and accessing the Website and Glo, as well as to delete your user account in the event of unpaid payments or insufficient funds on your credit card.

We do not accept any charges for outstanding payments.

During the payment process you have the possibility to redeem vouchers and codes. We would like to draw your attention to the following points:You can only use one voucher or code per purchase. Unless otherwise indicated, vouchers and codes can only be redeemed once per person. Vouchers and codes cannot be used to purchase a gift certificate. The publication and commercial distribution of vouchers and codes are not permitted. Cash refunds or cash alternatives as well as refunds on purchases already made are not possible. In addition to these terms and conditions, there may be other restrictions on redeeming vouchers and codes, which will be communicated with the relevant actions. Please take these communications into consideration.

LAUNCH OFFER: The launch offer is limited to the order of one Glo device per tobacco consumer, registered on the glo.ch website, and provided that the consumer has read and accepted the terms and conditions and is of legal age. The offer lasts until 01 June 2024, and consists of either a Hyper air device + 2 neo sticks packs for the price of 9CHF or a Hyper Pro device + 4 neo sticks packs for the price of 29CHF. The Glo device as well as the neo sticks are intended for the personal consumption of the consumer who ordered them, registered on glo.ch. after verification of his identity, his age and under the condition that he is a tobacco / nicotine consumer. In case of doubt about the real identity of the consumer, or in case of abuse or attempted deception, BAT reserves the right to exclude the consumer from the possibility of purchasing the introductory offer and from the database. It is the consumer's responsibility to ensure that the personal information provided during registration is true.

10. THEFT AND USE OF PRODUCTS

As soon as the products are delivered to the purchaser or enter his/her sphere of influence, we decline any responsibility in case of theft or misuse. It is the buyer's responsibility to ensure that the products are not stolen or used by minors under the age of 18.

11. ABSENCE OF GUARANTEES

This website, the Glo online sales site and their content are provided as is and as available. We do not guarantee the accuracy and regularity of the products displayed on Glo; therefore, the products displayed on Glo do not constitute an assertion.

We disclaim any responsibility or warranty, to the fullest extent permitted by applicable law, (i) as to the proper functioning of the Site and Glo, (ii) as to the ability to access and use them, (iii) as to the completeness, accuracy and timeliness of the contents, (iii) the completeness, accuracy and timeliness of any content, information or data contained on the Site and Glo, (iv) the absence of defects in the Site or Glo or their contents, including the absence of viruses or other malware, and (v) the absence of any special qualities that might be expected in connection with the Site, Glo or their contents. If you access, use or download content from this site or Glo, you do so on your own initiative and at your own risk. Therefore, if this results in loss of data or damage to your computer system, we will not be liable.

If your package arrives damaged, you can contact Glo customer service at info@glo.ch.

We reserve the right to modify, adapt, shorten, supplement and/or delete this site, Glo or its contents at any time, without leaving the previous version available.

12. EXCLUSION OF LIABILITY / COMPENSATION

To the fullest extent permitted by applicable law, we disclaim all liability for any damages, including lost profits, loss of data, business interruptions or any other damages of any kind, which may result from the use of this site, Glo or its contents and in particular the use of the documents and/or applications found on this website or on Glo, or which could result from the inability to use them, the participation in possible contests or promotions and/or the purchase or sending of any article or product related to this website or to Glo. In particular, no liability shall be incurred for any damages, including any lost profits, lost data or any other damages of any kind, resulting from failure to deliver the products or late delivery, defects in the products, theft or other incidents in connection with the delivery of the products.

You are responsible, in particular, for updating your address if necessary. BAT accepts no liability for delivery problems caused by an incorrect address.

In particular, we shall not be liable for the actions of any auxiliary person within the meaning of Article 101 of the Swiss Code of Obligations.

We also disclaim any liability, to the fullest extent permitted by applicable law, for damages arising from the use of products offered and purchased on Glo.

This website or the online store may contain links to other websites. These websites do not have to be operated and monitored by us. We are not liable, to the fullest extent permitted by applicable law, for damages arising from access to and use of such other linked sites.

We are not responsible for any claims by third parties for damages resulting from illegal use of the website or Glo and illegal purchase of products on Glo, including illegal resale of products.

13. INTELLECTUAL PROPERTY RIGHTS

The use of this website and Glo does not imply that you have any license rights to the intellectual property rights in the content of this website and Glo.

This website, Glo, and all of their contents (in particular software, files, designs, graphics and data) are the property of British American Tobacco (BAT) Switzerland SA and are protected by intellectual property laws, including copyright and trademark laws. Any unauthorized use of this site or Glo, including (i) use of this site, Glo or their contents for business or commercial purposes in any manner whatsoever and (ii) reproduction, representation, sharing, communication, circulation, dissemination, modification or licensing sale or other exploitation in any manner whatsoever of this site or Glo, their content, text, parts of text or still or moving images, audio data, software, products or services, as well as other data or information is expressly prohibited without our prior written consent. In particular, framing and inline linking of the content of the site and Glo are prohibited. You shall not use any of the trademarks displayed on the Website and/or in Glo in a manner that might damage their distinctive character or validity or the goodwill of BAT or any of its affiliates, and you shall not use in Switzerland and/or Liechtenstein trademarks or trade names that so closely resemble any of BAT's trademarks or trade names of BAT and/or its affiliates that they are likely to cause confusion or deception.

14. DATA PROTECTION

Information about the collection and processing of your personal data provided and collected when you access this website and Glo or purchase products can be found in the separate Data Privacy Policy.

15. CONTACT US

You may submit any questions regarding our Terms and Conditions or our Data Privacy Policy by writing to us at Av. de Rhodanie 48, CH - 1007 Lausanne. For questions regarding Glo and orders placed on Glo or other questions related to the purchasing process, you can contact Glo's customer service by email at info@glo.ch.

16. ESCAPE CLAUSE

If any of the provisions of these terms and conditions are, or are to become, partially or totally null and void or if the terms contain a regulatory gap, the validity of the remaining provisions shall remain unaffected. Legal provisions shall replace such invalid provisions.

17. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with Swiss law, the application of the United Nations Convention on Contracts for the International Sale of Goods being expressly excluded. The place of jurisdiction is the customer's place of residence, which must be in Switzerland.

18. LOYALTY PROGRAM GLO+

General Conditions of Participation

The collected points can only be redeemed on our platform from this date. The redemption of points for online discounts and/or GLO merchandise products is also only possible from this date.

Participation is reserved exclusively for nicotine users aged 18 and over who are residents in Switzerland and who have registered on www.discoverglo.com/ch. Employees of British American Tobacco (hereinafter referred to as “BAT”), of BAT Vending and of all subsidiaries of the BAT Group in Switzerland and worldwide, as well as their family members, are excluded from participation in GLO+.

Rules of participation

I. Participants who have set up a user account on www.discoverglo.com/ch and have met the requirements for eligibility (particularly regarding age verification) may participate in GLO+ after reading and accepting these General Conditions of Participation.

II. Points are credited to the corresponding user account after the user successfully completes any actions mentioned below in Section VI. For each GLO product purchased, the user is credited 20% of the value in the form of points (1 CHF = 20 points). The points can be exchanged for online discounts and/or for GLO merchandise products, as long as the consumer has the corresponding amount of points on their account and the selected item(s) is/are still available/in stock.Whenever points are exchanged for online discounts at checkout and/or for glo™ merchandise products, the customer will not receive any points for this purchase.

III. The quantity and selection of available GLO merchandise products is limited and may change from time to time. GLO Merchandise products are exclusively acquirable with GLO+ points.

IV. After redeeming their points, the user will see a confirmation on their screen and receive another confirmation sent to the e-mail address they used to register on www.discoverglo.com/ch; points corresponding to the value of the GLO merchandise products are then deducted from the user’s account.

V. The redeemed merchandise will be sent to the user at the address specified in the user account. This address may not be modified after the order is placed.

VI. GLO+ points earning system:

For the actions listed below, the user will receive corresponding points. Activities that are not listed will not be rewarded and will not provide the user with points on GLO+.

Activity GLO+ points earned Detailed description
Purchase of a GLO product 20 points for each CHF 1 spent on the e-Commerce The user will be credited with points of the corresponding value every time they purchase a GLO product (1 CHF spent = 20 points earned).

VII. GLO+ points use:

a. GLO+ points can be used for online discounts on GLO e-commerce shop or on GLO merchandise products.

b. The current spending rate on our e-shop is 100 points = 1CHF. GLO+ points can be used to pay for maximum of 50% of their total order on the e-shop.

c. GLO Merchandise products can only be acquired with GLO+ points.

VIII. Points cannot be exchanged or paid out in cash. BAT reserves the right to terminate GLO+ at any time, in which case BAT will notify participants by e-mail within a reasonable time so that they can redeem their final points before the end of the program. All decisions are final. No argumentation, revisions or correspondence will be entertained in this regard.

IX. After confirming the redemption of points for a GLO merchandise product, the participant will receive a confirmation in the form of an e-mail.

X. We reserve the right to change these Terms and Conditions at any time. The Terms and Conditions posted at the time of your visit and use of the website will apply.

Updated: 10.01.2023