1. SCOPE OF APPLICATION

These Terms of Use (“Terms of Use”) govern the legal framework for the use of the website http://www.vuse.com/ch (hereinafter referred to as “Website"). The Website is operated by British American Tobacco Switzerland SA, Route de France 17, 2926 Boncourt (hereinafter "BAT" or "we" or "us").

By accessing the Website, users accept the current version of these Terms of Use. BAT reserves the right to amend these Terms of Use at any time and without prior notice. The latest version of these Terms of Use shall apply exclusively.

In the event of any differences between the German, French and English versions of the Terms of Use, the English version will take precedence.

2. ACCESS AND PASSWORD

This Website, including all functionalities implemented therein, are intended exclusively for tobacco and/ or nicotine consumers over 18 years residing in Switzerland at the time of registration, for the purchase of nicotine products for their personal use.

Furthermore, the location of your device from which you access the Website is checked by means of the IP address. Only access from a location in Switzerland is granted.

You must register to use this Website. To register for the Website and create a user account, users must prove their identity, age and place of residence. In addition, you must choose a username and password, which are intended exclusively for your personal use. You must not disclose this security information to third parties. This measure is designed to avoid any use by unauthorized third parties.

As a user of this Website, you are required to take the necessary steps to ensure that your username and password are not disclosed and securely stored. You must notify us immediately (see section 8 below for contact details) if you have reason to believe that (i) someone has found out your password and/or username or (ii) there is a risk that your username and password may be used without authorization. You are liable for all actions and/or omissions that may be performed using your username and password fraudulently. We are not in any way liable for damage resulting from the disclosure of your password and/or username to third parties.

The personal data you are requested to forward during the registration process must be true and accurate. The email address provided by you when registering must be unique and may only be used by one user. If you try to register on the Website multiple times, a block on registrations will be placed. Depending on the identity check method chosen by you when opening the user account, there will be a facial analysis and data connected to this facial analysis will be processed by our third-party service provider. In case of an ID check, the information contained in your ID as well as a selfie of you will be processed by our third-party service provider.

Providing incorrect personal data when registering or attempting to create multiple user accounts may result in the immediate deletion of the user account and exclusion from using the Website. Users participating in promotions on the Website at the time will be excluded from them immediately.

Your user account only permits the use of this Website and the functionalities implemented therein, for private, non-commercial purposes. You may not commercialize it or use it in connection with any occupation, trade, or profession without BAT prior written consent.

We reserve the right to delete your registration and hence to close your user account at any time and without prior information if you should infringe any obligations set forth in these Terms of Use or any of the applicable Terms and Conditions, such as the Terms and Conditions for Sale.

3. ABSENCE OF GUARANTEE

This Website, and their contents are provided "as is" and "as available". Any information regarding the products offered on the Website is not binding and does not constitute a representation or a warranty of any kind.

We are exempt from liability and may not be held to be answerable under guarantee, to the maximum extent permitted by the applicable law, in respect of (i) the correct operation of the Website, (ii) the possibility of accessing and using the Website, (iii) the comprehensive, accurate and up-to-date nature of the content, information and data displayed on the Website, (iv) the absence of faults in the Website or the content thereof, and in particular the absence of viruses or other malware, and (v) the absence of specific qualities that might be expected in relation to this Website or the associated contents. If you access this Website and use or download content, you do so of your own free will and at your own risk. Therefore, if this results in a loss of data or damage to your IT system, we will not be liable.

BAT reserves the right to change or delete the content of the Website or to add new content at any time and without prior notice.

4. EXCLUSION OF LIABILITY/INDEMNIFICATION

BAT and any of its affiliated companies are exempt from liability, to the maximum extent permitted by the applicable laws, for any damage, including lost profit, loss of data, business interruption or any other damage of any kind whatsoever, that could result from use of this Website or the associated contents, and in particular from the use of documents and/or applications on the Website, or that could result from an inability to use those documents and/or applications, participation in any competitions or promotions and/or the purchase or sending of any item or product relating to this Website.

You are, in particular, responsible for updating your address in the event of changes. BAT excludes any liability for delivery issues caused by wrongly indicated addresses.

We further exclude any liability for acts conducted by auxiliary persons in the sense of the Swiss Code of Obligations art 101.

You undertake to indemnify, defend, and hold BAT harmless against any claims of third parties for any damages resulting from your unlawful use of the Website and the unlawful purchase of products on the Website, including the unlawful resale of any products.

5. INTELLECTUAL PROPERTY RIGHTS

The use of this Website does not mean that you are granted license rights regarding the intellectual property rights relating to the content of this Website.

This Website and all associated contents (in particular the software, files, designs, graphics and data) are and remain the property of BAT and are protected by the laws on intellectual property, including copyrights and trademarks. Any unauthorized use of this Website, and in particular (i) the use of this Website or the associated content for professional or commercial purposes of any nature whatsoever and (ii) the reproduction, representation, sharing, communication, market release, distribution, modification, or awarding of a license, the sale or any other use of any nature whatsoever, of this Website of the associated content, text, portions of a text or still or moving images, audio data, software, products or services, or other data or information is expressly prohibited without BAT prior written agreement. Prohibited in particular are such methods as Framing and Inline linking of this Website and content. You shall not use any of the BAT's Trademarks, in particular any trademarks displayed on the Website, in any way which might prejudice their distinctiveness or validity or the goodwill of BAT or any of its affiliates, nor you shall use in Switzerland and/or Liechtenstein any trademarks or trade names so resembling any of the BAT’s trademarks or trade names of BAT and/or its affiliates to be likely to cause confusion or deception.

6. LINKS

This Website may contain links to websites and other online services (e.g. apps) of third parties over whose content BAT has no or only partial influence. The providers or operators of such websites and online services are solely responsible for their content. The use of such websites and online services is at your sole risk and in accordance with the terms of use or privacy policies of the provider or operator. BAT assumes no liability for the content and processing of the personal data of users over whom BAT has no control or for the use of such websites and online services.

7. PROTECTION OF DATA

Information regarding the collection and processing of your personal data submitted and collected in the course of your access to and use of this Website can be found in the separate Data Privacy Policy.

8. HOW TO CONTACT US

You can send us any questions you may have in relation to our Terms of Use, Terms and Conditions of Sale or our Data Privacy Policy by writing to us by e-mail at info.ch@vuse.com or write to us by post to Av. de Rhodanie 48, CH - 1007 Lausanne.

9. APPLICABLE LAW AND JURISDICTION

These Terms of Use 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 user's place of residence, which must be in Switzerland.

10. MODIFICATIONS AND UPDATES

BAT reserves the right to change, modify, or alter the terms of these Terms of Use. If you continue to access our Website after any amendments to our most up-to-date version of these Terms of Use, it signifies your acceptance of the revised terms.