General Terms and Conditions

VELO.COM/CH is made available to you in accordance with these general terms and conditions for use (hereafter the “General Terms and Conditions”). This website is owned by British American Tobacco Switzerland SA and the terms “we”, “us” and “our” used below refer to British American Tobacco Switzerland SA. Orders in the online store VELO on this website (hereinafter referred to as "VELO") are processed by British American Tobacco Switzerland Vending SA, Route de France 17, 2926 Boncourt, contact e-mail regionalcenter@bat-vending.ch (hereinafter referred to as "BAT Vending"). As a consequence, BAT Vending will be the contract partner regarding purchases made on VELO.

1. SCOPE OF APPLICATION

These General Terms and Conditions apply to the use of this website and the VELO online store on this website as well as to purchases made on VELO. They explain our privacy policy (see more details in our Data Privacy Policy, as Exhibit 2), your rights when using our services, our rights, and the rules we set out for our website users.

Furthermore, these General Terms and Conditions apply to promotional activities displayed on this website or conducted under our brands, (including, but not limited to, VELO) in particular competitions and draws, unless you are explicitly informed about specific terms and conditions to the contrary for such activities. Additional terms and conditions could also apply to certain program (Specific terms), such as, for example, the Loyalty ambassador program (See Exhibit 1).

By registering on this website and making use of the website and the VELO online store, you accept to be bound by (i) these General Terms and Conditions, eventually completed by any applicable Specific terms; and (ii) the Data Privacy Policy that is complementary to these General Terms and Conditions (see Exhibit 2).

We reserve the right to amend and modify these General Terms and Conditions at any time. The General Terms and Conditions that are in force at the moment of the access and use of the website or at the time of the purchase on VELO are applicable. It is your responsibility to regularly check the General Terms and Conditions regularly.

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

ACCESS AND PASSWORD

This website and the online store are intended exclusively for tobacco and/ or nicotine consumers over 18 years residing in Switzerland at the time of registration, for the purchase of tobacco and/or nicotine products for their personal use. To obtain access to this website and to the online store, you must provide proof of your identity, age and place of residence. The age verification gives you access to the online sale and to our possible promotions. Furthermore, the location of your device from which you access the website is checked by means of the IP address of your device. Only access from a location in Switzerland is granted. You must also register to use this website and 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 and its online store, you are required to take the necessary steps to ensure that your username and password are not disclosed and securely stored.

You must advise us immediately 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. Offerings on VELO do not include access to the internet or any other network or to any communications services or any hardware, software, storage, security or other resources necessary for accessing or using the Offerings (see definition in article 5). You and your other suppliers and service providers are responsible for acquiring all such items and for their reliability, security and performance. Not all offerings, and not all functions of an Offering (including those described in the website and/or on Velo), are available in all languages. Your user account only permits the use of this website and access online store for your own, private, non-commercial purposes. You may not commercialize it or use it in connection with any occupation, trade or profession without BAT Vending's 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 General Terms and Conditions.

3. USE OF THIS WEBSITE AND THE ONLINE STORE

You are responsible for all access to this website and online shop through your Internet connection. You are not permitted to disclose your password to third parties in order to allow them access as a registered user.

You are prohibited from using this website and online shop or submitting to us or to this website or to any user of this website anything which in any respect:

1. is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction.

2. is fraudulent, criminal and/or unlawful;

3. is inaccurate, deceptive or misleading;

4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

5. impersonates any other person or body or misrepresents a relationship with any person or body;

6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;

7. may be contrary to our interests and the interests of VELO;

8. is contrary to any specific rule or requirement that we stipulate on this website in relation to a particular part of this website, or this website generally; or

9. involves your use, delivery or transmission of any viruses, unsolicited emails, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4. CONDITIONS REGARDING COMPETITIONS ON VELO

Competitions organised on VELO are intended exclusively for tobacco and/or nicotine consumers over 18 years residing in Switzerland. Only persons registered on VELO may take part in such competitions.

These competitions are not open to our personnel or those of our service providers, BAT Vending or any companies affiliated with the British American Tobacco Group in Switzerland or throughout the world, or their families.

Participation in a competition on VELO entails acceptance of both the terms and conditions of VELO and the specific terms and conditions relating to the relevant competition.

We may also discontinue a competition at any time, subject to our complete discretion. Discontinuation of a competition will not create any right to payment of compensation. No right shall be acquired and no service may be demanded.

Furthermore, we are not in any way liable if the data entered in the forms or e-mails of participants cannot be recognized by the system or, more generally, if, as a result of a technical or other problem, a person is not able to take part in a competition.

We reserve the right to exclude participants from competitions, at our discretion and without any compensation. This applies in particular to participants who (attempt to) manipulate or manipulate their participation (creation of multiple accounts) or who fail to observe the general terms and conditions of the website or the specific terms and conditions of the competition or who in some way attempt to make use of the competitions proposed in an improper manner.

In addition, all other provisions of these General Terms and Conditions will apply, in particular those concerning access to the website, rules for use, guarantee and liability exclusions and protection of data.

5. CONCLUDING A PURCHASE AGREEMENT ON VELO

BAT Vending is responsible for the sale of products ordered through VELO. Therefore, when you place an order through VELO, you will be purchasing products from BAT Vending. BAT Vending is also responsible for the picking, delivery and invoicing of your orders.

Upon accessing VELO with your password you may choose products offered (“offering”) and collect them in your virtual shopping cart ("Basket" or the figurative shopping cart at the right side of the webpages) by clicking the button "Add to Basket".

In order to proceed with the purchase you must then enter the shopping cart on the right side of the website and press the button "View Basket". A new mask opens and contains the information regarding the products placed in the shopping cart. You must then start the order process by pushing the button "Order". In the following mask you must enter your delivery address. You are transferred to the next step by pushing the button "Continue". The next masks ask for the delivery method and the payment method. When you reach the last step of the order process "i.e. Payment" and as soon as you have entered the mandatory payment details you must accept the terms and conditions and data privacy and processing of personal data information of the website. Only if you have entered all mandatory information and if you have accepted the terms and conditions and data privacy and processing of personal data information you are able to complete the order by pushing the button "Continue". You will then be displayed an order confirmation, which is also sent to you by e-mail to the email you indicated. We recommend that you print out the order confirmation and the General Terms and Conditions.

The order constitutes an offer by you to purchase products offered on Velo. Upon receiving the order, BAT Vending will issue an order confirmation to you in order to notify receipt of the order. The order confirmation shall not constitute acceptance of the order. The order confirmation will contain all relevant information regarding your order. In the event that there is incorrect information in the order confirmation you are obliged to notify BAT Vending immediately (see contact details in section 15 below).

Your order will be accepted by BAT Vending and a purchase agreement is deemed to be concluded when BAT Vending sends you a delivery e-mail, confirming the delivery of your order.

BAT Vending will inform you appropriately if it decides not to accept one of your orders.

If we or BAT Vending should become aware of infringements of these General Terms and Conditions in connection with a purchase on VELO, we reserve the right to exclude you from use of and access to this website and to cancel your user account without prior notification.

Except as otherwise indicated on VELO, the minimum quantities per order are the following:

Except as otherwise indicated on VELO, the maximum amount per client per individual purchase is: CHF 1500.00.

The maximum quantities of products indicated above may be modified at any time by us or by BAT Vending.

6. PRESENTATION, AVAILABILITY AND DELIVERY OF PRODUCTS

The product offerings on VELO (specification, colors, prices, availability) are generally non binding. We and BAT Vending reserve the right to modify the offer at any time and to delete products completely. We and BAT Vending exclude any liability for typographical mistakes, inaccuracy, or incompleteness regarding product description.

We and BAT Vending will make every effort to ensure maximum availability of the products offered through VELO. The display of a product on VELO does not mean that we take on a warranty regarding the availability of the respective product. BAT Vending is only obliged to deliver products that are in stock.

Should products ordered not be available, BAT Vending may not complete your order entirely. BAT Vending reserves the right to either cancel your order in such an event or to deliver just part of the ordered products. BAT Vending will notify you accordingly.

Products will be delivered by post to your home address, within Switzerland only.

In general, orders confirmed by BAT Vending will be delivered to the address stated in your order confirmation. If you are not at home when the order is delivered, the products will be left, if possible, in your mailbox or milk box. If your box is not big enough, Swiss Post will leave a notice indicating that your parcel is being held for collection at the post office. If your parcel is not collected from the post office before the date indicated, the price of the order will remain payable and no refund will be applied. BAT Vending may freely dispose of products that have not been collected from the post office and have been returned thereto, and may sell such products to a third party without legal permission. You nonetheless have the option of requesting a new delivery of products of the same kind in the same quantities, subject to availability of stock, in exchange for advance payment of the costs for return and for the new delivery.

We will only deliver to addresses in Switzerland.

Delivery charges, times and schedules Priority delivery fees in Switzerland are offered for orders of CHF 40.00 or more. For orders below CHF 40.00, the delivery fee is CHF 10.00. We may change the values specified above at any time.

- orders are generally delivered within 1-2 business days after the order is placed, if the order is placed Monday to Thursday. Orders placed on Friday morning will normally be delivered on Tuesday.

- orders placed on Saturday or Sunday will normally be delivered on Wednesday. Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or demand delivery on a specific day. There are no deliveries on Sundays or national and cantonal holidays. Delivery deadlines and times are not guaranteed and may vary. Failure to deliver within the period specified will not create any entitlement to payment of compensation. It is not possible to choose a specific delivery time or to require that an order be delivered on a specific day. Any liability regarding delivery times is excluded.

7. RESALE

The resale or third-party transfer of products purchased through VELO is strictly prohibited and shall be deemed a material breach of the present terms and conditions.

8. PRICES

All prices shown on VELO are in Swiss Francs and include VAT at the applicable rate. The prices applicable to your order will be those shown when your order is placed.

In addition to the product price indicated there are, dependent on the total order amount and the delivery method, delivery fees (see section above), the Swiss Post price tariff for the 1-2 days' delivery will apply.

9. PAYMENT / REDEMPTION OF VOUCHERS AND CODES / FREE TRIALS

You may make payment using the generally accepted payment solutions (Visa, MasterCard or PostCard), online payment (PostFinance, E-finance) or by TWINT.

Credit card, debit card or e-finance payment: Your account will be debited when the order is shipped. Once the order delivery is in process and the orders taken over by the Swiss Post, no refunds will be permitted.

We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure that your personal data are secure at the time of the transaction.

Any time after account creation, in My account/Credit Card details or during the purchase process you may decide whether you want to have your credit card information stored for future transactions or whether you want to have the details deleted. In the latter case you must enter your credit card details for any new transaction.

Please be aware that there may be additional costs and fees when paying with credit cards depending on the credit card agreement concluded between you and the credit card issuer. Terms and conditions governing the use of your payment solutions apply, unless otherwise stated.

We and BAT Vending reserve the right to exclude you from future use of and access to the website and to delete your user registration in the event of non-payments or lack of sufficient credit card cover.

With selecting the payment by invoice you agree and accept these conditions.Redemption of vouchers and codes:Codes and vouchers can be redeemed during the order process (not valid for subscription orders). You have to take into consideration the following when redeeming vouchers or codes: you can only redeem one voucher or code per order. In addition to these terms & conditions there can be additional restrictions that will be mentioned in the correspondent activity. Please consider these communications.

FREE TRIAL:

The “Free Trial” is limited to one order of one tin of the VELO range per consumer registered on this website (subject to terms and conditions; within the limits of the available stock). This is a free tin and is therefore not intended for sale. This free product is not permitted to be resold or to be used for any form of transaction involving valuable consideration. Moreover, it is exclusively intended for the personal consumption of the consumer who ordered it, who is registered on WWW.VELO.COM/CH, following a verification of his or her identity, as an adult and a consumer of tabaco / nicotine. In case of any doubt of the real identity of the consumer, or in case of abuse or attempted deception, we reserve the right to exclude the consumer from the participation of the “Free Trial” program as well their database. It is the responsibility of the consumer to ensure that their personal information is truthful and does not violate any applicable law.

10. THEFT AND USE OF PRODUCTS

Once the products have been delivered to the purchaser or placed in his / her mailbox or milk box, we and BAT Vending will be released from any liability in the case of theft or improper use. The purchaser will be responsible for ensuring that the products are not sold or used by minors under 18 years.

11.ABSENCE OF GUARANTEES

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

We and BAT Vending 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 VELO, (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 and BAT Vending will not be liable.

In the event that the parcel is delivered damaged, please contact our customer service a info.ch@velo.com

We and BAT Vending reserve the right to modify, adapt, abridge, supplement and/or delete this website or the associated content at any time, without leaving the previous version available.

12. EXCLUSION OF LIABILITY/INDEMNIFICATION

BAT Vending 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. In particular, no liability is assumed for any damage, including any lost profit, loss of data or any other damage of any nature whatsoever, resulting from situations where it is not possible to deliver products or where products are delivered late, defects affecting the products, theft or other incidents in relation to delivery of the products.

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 and BAT Vending further exclude any liability for acts conducted by auxiliary persons in the sense of the Swiss Code of Obligations art 1.

We and BAT Vending also exclude in particular any liability, in the maximum extent permitted by the applicable law, for damages in connection with the use of products offered and purchased on VELO.

This website may contain links to other websites. The respective websites must not necessarily be operated and monitored by us. We and BAT Vending exclude any liability, to the maximum extent permitted by the applicable law, for damages in connection with the access and the use of such linked websites.

You undertake to indemnify, defend and hold us and BAT Vending 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 VELO, including the unlawful resale of any products.

13. 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 British American Tobacco Switzerland SA 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 our 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 trademarks displayed on the website and/or in VELO in any way which might prejudice their distinctiveness or validity or the goodwill of BAT Vending 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 Vending and/or its affiliates to be likely to cause confusion or deception.

14. PROTECTION OF DATA

Information regarding the collection and processing of your personal data submitted and collected in the course of your access to this website, to the online store and in the course of a purchase of products can be found in the separate Data Privacy Policy.

15. HOW TO CONTACT US

You can send us any questions you may have in relation to our General Terms and Conditions or our Data Privacy Policy by writing to us at Av. de Rhodanie 48, CH - 1000 Lausanne 3 Cour. With regard to VELO and purchase orders made on VELO or other issues concerning the purchase process you may contact VELO customer service by e-mail at info.ch@velo.com

16. SEVERABILITY CLAUSE

If any provisions of these terms and conditions are, or become, void in full or in part or if the terms contain a regulatory gap, the validity of the other provisions remains unaffected. Statutory provisions will replace such void 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 VELO+

General Conditions of Participation

Participation in VELO+ is possible from 16 June 2021. The collected points can only be redeemed on our platform from this date. The redemption of points for online discounts and/or VELO 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.velo.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 VELO+.

Rules of participation

I. Participants who have set up a user account on www.velo.com/ch and have met the requirements for eligibility (particularly regarding age verification) may participate in VELO+ 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 can of VELO purchased, the user is credited 5% of the value in the form of points (1 CHF = 5 points). The points can be exchanged for online discounts and/or for VELO 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 VELO merchandise products, the customer will not receive any points for this purchase.

III. The quantity and selection of available VELO merchandise products is limited and may change from time to time. VELO Merchandise products are exclusively acquirable with VELO+ 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.velo.com/ch; points corresponding to the value of the VELO 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. VELO+ 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 VELO+.

Activity	VELO+ points earned	Detailed description
Purchase of a VELO can	5 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 VELO can (1 CHF spent = 5 points won).
Completing the VELO World Game	100 points per week by completing the VELO World game	Each consumer that finishes the VELO WORLD Game will earn VELO+ points.
Happy Birthday	1’000 points	Each year, consumers will receive 1’000 VELO+ on their birthday.

VII. VELO+ points use:

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

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

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

VIII. Points cannot be exchanged or paid out in cash. BAT reserves the right to terminate VELO+ 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 VELO 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.