GENERAL TERMS OF SALE OF PLOOM PRODUCTS

Effective as of May 8, 2024

These General Terms of Sale of Ploom products (“General Terms”) govern:

1. Terms and rules of electronic sale of Products through the Ploom Serbia electronic store, available on the website www.ploom.rs (“E-store”), i.e., the rights and obligations of the merchant, i.e., seller and consumer, as well as other matters relevant to the functioning of the E-store.

The E-store operates for the purpose of presenting and electronically selling products of the Ploom brand, specifically the electronic device for heating non-combustible tobacco product (“Device”), as well as related components and accessories, i.e., additional equipment (collectively referred to as “Product/s”).

The Ploom brand is owned by the JTI group of companies, which includes the organizer of the E-store JT INTERNATIONAL AKCIONARSKO DRUŠTVO SENTA, with registered seat at Subotički put 25, Senta, Republic of Serbia, registration number: 08052441, tax ID number: 101102656 (“JTI”).

The E-store is operationally managed by the merchant MERCATA VT DOO NOVI SAD, with registered seat at Temerinska 102, Novi Sad, Republic of Serbia, registration number: 08762023, tax ID number: 101695403, contact phone: +381 62 249 235, fax: +381 21 4722 524, email: [email protected] (“MERCATA” or “Seller”), pursuant to the agreement concluded between JTI and MERCATA. Accordingly, MERCATA is considered the seller within the meaning of the Law on Consumer Protection (Official Gazette of RS no. 88/2021).

The General Terms constitute the provisions of the contract between the Seller and each individual consumer who places an order or makes a purchase of the Product/s through the E-store.

The E-store is available for purchasing Products only to consumers located within the territory of the Republic of Serbia, excluding Kosovo and Metohija, and can be used only by adults, i.e., individuals who are at least 18 years old. Due to their nature and purpose, the Products are intended exclusively for adults.

The use, i.e., purchase of the Products through the E-store is possible only if the consumer, by ticking the appropriate box on the Website, expressly confirms agreement with the General Terms, i.e., fully accepts their provisions and undertakes to comply with them.

The use of the website where the E-store is available ("Website") is subject to the Terms of Use, and regarding the details of processing and protecting your personal data related to the use of the Website and E-store, we invite you to review the Privacy Policy.

2. Certain matters relevant to the sale of Products outside the E-store, i.e., at sales points managed by JTI's and Seller's partners, including consumer rights in case of non-conformity and the procedure for Product complaints, as well as certain sales incentives for purchasing Products.

In addition to the E-store, retail sale of Products is also conducted at third-party sales points within the territory of the Republic of Serbia, excluding Kosovo and Metohija. Through its partners, JTI seeks to provide the same higher level of rights and benefits to all consumers purchasing Products, regardless of the specific sales channel.

Terms capitalized in the General Terms represent defined terms and have the meaning attributed to them in the corresponding definition (indicated in bold within parentheses) with effect throughout the entire document of the General Terms.

The General Terms are enacted in accordance with the provisions of the laws of the Republic of Serbia, particularly the Law on Trade (Official Gazette of RS no. 52/2019), the Law on Electronic Trade (Official Gazette of RS no. 41/2009, 95/2013, and 52/2019), and the Law on Consumer Protection, and all terms not explicitly defined herein have the meaning determined by the aforementioned laws.

1. Conclusion and Validity of the Contract

1.1. Order Placement

The consumer creates an order by adding selected Products to the cart, followed by entering parameters to access their previously registered account, i.e., email address and password. Alternatively, the consumer can first log in to their previously registered account and then create the order. Upon accessing their account, the consumer further enters other necessary details if not previously entered or requiring modification, including the delivery address, payment method, and contact information (email address and phone number).

A consumer who is not registered, i.e., does not have a created account, must register, i.e., create an account, to complete the order after adding selected products to the cart.

The maximum value of an individual order is 30,000.00 dinars (RSD).

1.2. Order Confirmation

After creating an order, the consumer will receive an email from the Seller to their registered email address confirming that the order has been successfully created, which represents confirmation of the prerequisites for further processing of the order by the Seller. To avoid doubt, this does not constitute the conclusion of a sales contract.

The order confirmation will include a unique order number..

1.3. Conclusion and Validity of the Contract

The contract will be considered concluded upon the Seller sending an email to the consumer confirming that the order has been accepted, after which the Products will be dispatched, i.e., shipped via a courier service, in accordance with the data provided by the consumer when creating the order.

At the time of contract conclusion, and no later than during the delivery of the Products, the Seller will provide the Consumer with:

1) the prescribed form for contract withdrawal (more information available in section 6.1 of the General Terms);

2) information from Article 26, para. 1 and 2 of the Law on Consumer Protection (for distance contracts) in the Serbian language;

3) the contract or a contract document; and

4) receipt.

The contract remains valid until the rights and obligations of the contracting parties (Seller and consumer) based on it are fulfilled.

2. Description and Availability of Products

The Seller will make all reasonable efforts to ensure the accuracy of the data available within the E-store, including product descriptions and information on product availability (whether a specific Product is “in stock” or not).

Graphic representations, i.e., product images within the E-store, are illustrative, and the packaging of the Products may differ from what is shown in the E-store. Additionally, the Product may be modified to comply with legal or other regulatory requirements, as well as for minor technical adjustments and improvements. Accordingly, the Seller will not be liable in case of discrepancies between the delivered Product and its representation/description in the E-store for the aforementioned reasons.

Furthermore, the Seller will not be liable to the consumer if a certain Product is not available at a specific time or if the availability information in the E-store does not correspond to the actual situation. In case a Product is unavailable or for any other reason, the order cannot be accepted, the Seller will promptly inform the consumer.

3. Product Price

Product prices within the E-store are stated in the final amount, in the local currency of the Republic of Serbia - Serbian dinars (RSD), and include VAT.

The Seller will make all reasonable efforts to ensure the accuracy of the Product prices listed within the E-store, including regular checks and adjustments. If the actual Product price is lower than the price indicated in the E-store, the consumer will be charged the actual price, while if the actual Product price is higher than the price indicated in the E-store, the consumer will be charged the indicated price.

The Seller reserves the right to change Product prices at any time and without prior notice. In case of a price change after order confirmation, the consumer will be charged the price stated in the confirmation. If a price change occurs after creation but before confirmation of the order, the Seller will inform the consumer, who will then have the right to terminate the contract.

4. Payment Method

The consumer can make payment for Products ordered through the E-store using the following methods:

1) by debit/credit card; or

2) cash on delivery.

4.1. Payment by Card

For E-store purchases, the consumer can use the following debit/credit cards: Visa, Mastercard, Maestro and Dina.

If the consumer chooses to pay by debit/credit card, they will be redirected to the payment service provider's website to enter the necessary details (from the credit/debit card) to complete the payment. If the transaction is successful, the consumer will be redirected back to the Website with a notification that the corresponding funds have been charged from their account. If the transaction fails for any reason, the consumer will also be redirected back to the Website with a notification of the failed transaction, in which case they can retry or choose another payment method.

For security reasons, the consumer's credit/debit card details are visible only to the payment service provider, and the entire payment process is conducted solely on the payment service provider's website. Accordingly, the Seller bears no responsibility in case of issues with the payment service provider's website, credit card misuse, or any other difficulties, restrictions, or irregularities during payment.

All payments will be made in the local currency of the Republic of Serbia - Serbian dinars (RSD).

In case of a refund to a consumer who previously made a payment with a credit/debit card, the Seller will process the refund through the bank, i.e., to the user's account.

4.2. Cash on Delivery Payment

If the consumer chooses cash on delivery payment, payment is made upon receiving the shipment by the consumer.

Cash on delivery payment can be made in cash or by credit/debit card with the courier. For cash payments, the consumer is required to prepare the necessary cash amount.

In case of a refund to a consumer who previously made a cash on delivery payment, the Seller will refund to the user's account if payment was made by credit/debit card, or in cash (by delivering the corresponding cash amount by the courier), if payment was made in cash, unless the consumer agrees to another refund method other than the one used for payment.

Cash on delivery payment is also made only in the local currency of the Republic of Serbia - Serbian dinars (RSD).

5. Delivery

5.1. Delivery Method

Product delivery is carried out via a courier service with which the Seller has a contract.

On the day of delivery, the consumer will receive a notification to know when to expect the delivery.

For clarity, delivery entails handing over the shipment and allowing physical inspection, but it does not include activation, setup, or other adjustments of the Product.

5.2. Delivery Location

elivery is exclusively within the territory of the Republic of Serbia, excluding Kosovo and Metohija, to the address provided by the consumer when creating the order.

5.3. Delivery cost

The delivery service is provided to the consumer free of charge.

5.4. Delivery Timeframe

The expected delivery time within the City of Belgrade is four (4) hours from the moment the contract is concluded, for orders confirmed by 1:00 PM on weekdays. For orders confirmed on weekdays after 1:00 PM, as well as on non-working days, the expected delivery time is the next working day between 8:00 AM and 4:00 PM.

Regarding deliveries outside the City of Belgrade, for orders confirmed by 4:00 PM on weekdays, the expected delivery time is the next working day between 8:00 AM and 4:00 PM (relative to the day the contract is concluded). For orders confirmed on weekdays after 4:00 PM, as well as on non-working days, the expected delivery time is two working days (from the day the contract is concluded).

Delivery must be completed within 30 (thirty) calendar days from the day the contract is concluded. Otherwise, the consumer has the right to terminate the contract.

Weekend days, public holidays, and other non-working days are not counted in the timeframes specified in this section.

The Seller will not be liable for delivery delays due to circumstances arising after the contract is concluded, which the Seller could not prevent, eliminate, or avoid, or which occurred due to actions/omissions of third parties. The Seller is obligated to promptly inform the consumer if delivery is not feasible.

5.5. Risk Transfer

The risk of accidental loss or damage to the Product transfers to the consumer upon delivery, i.e., when the Product is handed over to the consumer's possession.

6. Consumer Rights

6.1. Right of Withdrawal from a Distance Contract

6.1.1. Withdrawal Period from a Distance Contract

The consumer is entitled to withdraw from a distance contract (concluded via the E-store) within 14 (fourteen) calendar days, without stating reasons and without incurring additional costs, except as otherwise provided by the Law on Consumer Protection.

The consumer does not have the right to withdraw from the contract in cases prescribed by Article 36 of the Law on Consumer Protection.

6.1.2. Procedure for Withdrawing from a Distance Contract

The consumer exercises the right of withdrawal by submitting a statement on the prescribed form, which will be provided by the Seller, typically electronically, upon order confirmation and no later than upon product delivery, in paper form.

The withdrawal statement is considered timely if it is sent to the Seller within 14 (fourteen) days from the date the Product comes into the consumer's possession, or the possession of a third party designated by the consumer (other than the carrier). The withdrawal statement takes effect from the date it is sent to the Seller. After the specified period, the consumer loses the right to withdraw from the contract.

The consumer must submit the withdrawal statement to the Seller:

1) in writing, to the address: MERCATA VT DOO NOVI SAD, Temerinska 102, Novi Sad, Republic of Serbia; or

2) electronically, to the email address: [email protected].

If the withdrawal statement is completed and sent to the Seller electronically, the Seller will confirm its receipt to the consumer in writing or on a durable medium.

6.1.3. Consequences of Withdrawing from a Distance Contract

In the event of withdrawal from the contract in accordance with the provisions of the Law on Consumer Protection and the General Terms, it shall be deemed that the contract was never concluded. Accordingly:

1) the Seller will arrange for the return of the Product by the consumer through a courier service, with the return costs borne by the Seller;

2) upon the return of the Product to the Seller, the Seller will refund the amount paid as the price, either by payment to the user's account if payment was made by debit/credit card, or in cash (via delivery of the corresponding cash amount by the courier service) if payment was made in cash, unless the consumer agrees to another refund method other than the one used for payment.

The returned Product must be without visible signs of use, with all accompanying parts and documentation; otherwise, the consumer will not have rights under this section of the General Terms.

The consumer is solely responsible for any diminished value of the Product resulting from handling it in a manner beyond what is necessary to establish its nature, characteristics, and functionality.

6.2. Consumer Rights in Case of Product Non-conformity

6.2.1. Product Non-conformity

The Seller is responsible for the non-conformity of the delivered Product to the contract if:

1) it existed at the moment of risk transfer to the consumer, regardless of whether the Seller was aware of this non-conformity;

2) it appears after the risk transfer to the consumer and stems from causes that existed before the risk transfer to the consumer;

3) it could have been easily noticed by the consumer, if the Seller stated that the Product is compliant with the contract.

The Seller is liable for non-conformity due to improper packaging, but is not liable for non-conformity if, at the time of contract conclusion, the consumer knew or could not have been unaware that the goods were not compliant with the contract.

The Seller is responsible for non-conformity that arises within two years from the date of risk transfer to the consumer.

If non-conformity arises within six months from the date of risk transfer to the consumer, it is presumed that the non-conformity existed at the time of risk transfer unless it is contrary to the nature of the product and the nature of the specific non-conformity. The burden of proving that there was no non-conformity rests with the Seller.

6.2.2. Rectification of Non-conformity

If the delivered Product is not compliant with the contract, the consumer who has informed the Seller of the non-conformity has the right to request the Seller to rectify the non-conformity.

Non-conformity is rectified in the following manner:

1) if non-conformity arises within six months from the date of risk transfer to the consumer, the consumer has the right to withdraw from the contract and request a refund, or the right to a replacement of the Product, free of charge;

2) if non-conformity arises after the expiry of the six-month period from the date of risk transfer to the consumer but before the expiry of the two-year period from the date of risk transfer to the consumer, the consumer has the right to a replacement of the Product, free of charge.

To exercise the right to rectify non-conformity of the Product or its replacement, the consumer must file a complaint with the Seller.

6.2.3. Complaint Procedure

To file a complaint, the consumer needs to first contact JTI's customer service via (i) phone, calling the toll-free number 0800/077-771 or (ii) email at [email protected]. Upon receiving the necessary information, customer support will guide the consumer on where to file the complaint:

1) if the Product was purchased through the E-store:

a) if the consumer (as per the provisions of section 6.2.2. of the General Terms) has the right and requests a refund, the complaint is filed with the Seller, via (i) phone at +381 62 249 235 or (ii) email at [email protected];

b) if the complaint (at the consumer's choice or if the consumer does not have a choice due to the passage of time) seeks replacement of the Product, the complaint is filed with the Seller or at any sales point managed by ManpowerGroup Serbia (“MPS”), which acts as an authorized service center.

2) if the Product was purchased at a sales point outside the E-store:

a) if the consumer (as per the provisions of section 6.2.2. of the General Terms) has the right and requests a refund, the complaint is filed at the sales point where the consumer purchased the Product;

b) if the complaint (at the consumer's choice or if the consumer does not have a choice due to the passage of time) seeks replacement of the Product, the complaint is filed at any sales point managed by MPS.

The list of sales points managed by MPS is provided on the website https://www.ploom.rs/en/store-locator (under the name Ploom Brand Stores) and may be subject to change or amendment from time to time.

When filing a complaint, the consumer must provide the invoice or its copy or other proof of purchase (slip, etc.).

In case of point 1) sub-item a) of this section, the Seller will electronically confirm the receipt of the complaint to the consumer. Subsequently, the Seller will arrange for the collection of the Product from the consumer promptly, for inspection of the alleged non-conformity. In case of a valid complaint, the return shipping costs are borne by the Seller, and the refund will be made to the user's account if payment was made by credit card, or in cash (via delivery of the corresponding cash amount by the courier service) if payment was made in cash, unless the consumer agrees to another refund method other than the one used for payment.

In case of point 1) sub-item b) of this section:

a) If the complaint is filed with the Seller, the Seller will electronically confirm the receipt of the complaint to the consumer, and then arrange for the collection of the Product from the consumer promptly for inspection of the alleged non-conformity. In case of a valid complaint, the return shipping costs are borne by the Seller, and a replacement Product will be delivered to the consumer.

b) If the complaint is filed at an MPS-managed sales point, the following provision of the General Terms applies (please see below).

If the complaint is filed at a sales point outside the E-store, the consumer will receive written confirmation of receipt of the complaint, and the complaint will generally be resolved on the spot. Otherwise, the complaint will be resolved within eight days from the date of receiving the complaint, and the consumer will be informed in writing or electronically. The response will include a decision on whether the complaint is accepted, or an explanation if it is not accepted.

The deadline for resolving the complaint cannot exceed 15 (fifteen) or 30 (thirty) days from the date of submitting the complaint when the product is technical goods as per applicable regulations.

The consumer's inability to provide the Product's packaging cannot be a condition for resolving the complaint or a reason for rejecting the rectification of non-conformity.

6.2.4. Additional Warranty for PLOOM CLUB Members

In addition to the consumer rights guaranteed by the Law on Consumer Protection, JTI, as the importer of the Product for the Territory, provides additional rights to PLOOM CLUB members regarding damaged or non-functional Devices or their components or Functional Accessories that affect their proper use and functionality.

Terms capitalized in the preceding paragraph have the meanings defined in the General Terms of Participation in the PLOOM CLUB program, available at the following link: https://www.ploom.rs/en/terms-of-ploom-club. For more information about the additional warranty, please refer to the document mentioned.

6.2.5. Out-of-court Resolution of Consumer Disputes

Out-of-court resolution of consumer disputes can be pursued before a body for out-of-court resolution of consumer disputes (“body” or “bodies”). The list of bodies is compiled and publicly disclosed by the competent ministry (available at the following link: https://arhiva.mtt.gov.rs/download/listaa.pdf).

The procedure before the body can be initiated by the consumer only if they have previously lodged a complaint or objection with the trader. The procedure is initiated by a proposal that has prescribed content and is submitted by the consumer to the ministry responsible for consumer protection, directly, by post, or electronically.

Out-of-court resolution of consumer disputes may last a maximum of 90 days from the date of submitting the proposal. In exceptional cases where the dispute is complex, the 90-day period may be extended for a further maximum of 90 days, of which the body promptly informs the consumer and the trader.

The consumer may withdraw from further participation in the out-of-court resolution of consumer disputes until the procedure is concluded.

During the out-of-court resolution procedure of consumer disputes, the parties may conclude an agreement that may have the force of an enforceable instrument if the legally prescribed conditions are met.

Each party in the out-of-court resolution procedure of consumer disputes bears its own costs (legal representation costs, travel expenses, etc.).

In addition to out-of-court resolution of consumer disputes, disputes can also be resolved through judicial proceedings (in proceedings before the competent court, initiated by filing a lawsuit).

7. Validity and Amendment of General Terms and Conditions

The General Terms come into force, i.e., become effective as of the date of publication on the Website.

All matters not explicitly regulated by the General Terms shall be governed by the provisions of the Law on Consumer Protection, Law on Electronic Trade, Law on Trade, Law on Obligations, and other regulations of the Republic of Serbia.

In case any provision of the General Terms is or becomes contrary to the applicable laws, the corresponding provision of the law or other regulation of the Republic of Serbia shall directly apply.

In case of a dispute regarding the General Terms, it shall be resolved before the competent court in Belgrade, Republic of Serbia.

The General Terms may be amended and/or supplemented, or entirely replaced at any time, with such changes taking effect and being applicable as of the date of publication on the Website.

The General Terms and Conditions are drafted in Serbian and English, with the Serbian version being authoritative in case of any discrepancies between the two versions.

In case of any uncertainties, feel free to contact us via email at [email protected].