Punkt Tronics AG

General Terms & Conditions

Valid from 4 October 2018


1. The Parties

These terms and conditions regulate the sale contract between you, the Customer (hereafter known as “you”, “your” or “Customer”) and ourselves, Punkt Tronics AG, the owner of this internet website, an anonymous company incorporated in Switzerland with registered headquarters in Lugano, Via Losanna 4 (hereafter known as “Punkt.”, “we”, “our Company” or “our”).
Our registration number in Switzerland is CHE-114.634.022.


2. Scope of Application

These General Terms and Conditions regulate all sale contracts entered into between Punkt Tronics AG and the Customer via our website www.punkt.ch. Each contract is subject to the general terms of sale published on the website at the time of purchase.
Punkt. will not accept any derogation from these General Terms and Conditions, unless expressly agreed in writing by Punkt. itself.


3. Contract Partner

The Punkt. online shop for website purchases is operated by Punkt Tronics AG, Via Losanna 4, 6900 Lugano, Switzerland. Where a contract is entered into (see section 4), Punkt. will be the Customer's partner under the contract. Commercial services offered online by Punkt. are aimed at both private (Business to Consumer) and to companies (Business to Business).


4. Entering into the Contract

(A) Placing an order
After having placed an order with Punkt., you will receive an order confirmation to the email address you have provided. That communication acts as confirmation of receipt and does not constitute a legally binding acceptance of your order. Where the Customer does not, within 24 hours from sending the order, receive any confirmation of receipt from Punkt. or any other communication from the latter, the Customer is required to contact Punkt. promptly via customercare@punkt.ch.
The contract is entered into between you and Punkt. at the time your order is accepted and the goods are dispatched. All goods remain the property of Punkt. until full payment is received. Our Business to Consumer prices naturally include VAT at the statutory rate.

(B) Pre-release advance orders
Advance orders enable you to purchase a product before it becomes available. When the product is released for sale, customers who have placed advance orders receive it before all other customers. By submitting your advance order, you agree to be bound by the terms in this section (4B). You will receive an advance order confirmation via the email address you have provided.
Please be aware that products are delivered to us in batches; these batches may be smaller than the number of customers who have made advance orders, and there is no guarantee that you will be in the first group of customers to receive an advance-ordered product. If it is not possible to fulfil your order from the first delivery to us, we will email you with an estimated date of when we expect the next delivery of stock. Advance orders will continue to be accepted until we have received enough stock to be able to place the product on general sale.
If you wish to purchase multiple products, some that are in stock and some that are offered on an advance order basis, we recommend that you order them separately to avoid a delay in the shipment of the stocked products.
When you place an advance order, you will be charged the full cost of the product(s) at that point; your placing of an advance order constitutes your express agreement this happening. If for any reason you decide that you do not wish to continue waiting for the product, you have the right at any time to cancel your order as described in section 7B below. If we are unable to fulfil your order within six months of it being placed, we shall automatically provide you with a full refund.
Although we aim to begin dispatching products as soon as reasonably practicable, you understand and accept that there may be delays. Any estimated date of dispatch provided to you is subject to change: we do not guarantee that we will be able to ship the product by this estimated date. In the event of an estimated release and/or dispatch date not being met, Punkt. is not responsible for any costs that may occur due to this delay, nor shall we be obligated, except in the case of pre-release advance orders, to provide any discounts, refunds, credits or compensation due to any such delays. We will provide you with periodical updates regarding the anticipated dispatch schedule.


5. Payment Terms and Prices

All prices quoted on our website are inclusive of VAT.
Customers may purchase items on the Punkt. website, choosing between the following methods of payment:

(Payment by credit/debit card is generally the fastest method.)

Payment is accepted in the following currencies: Swiss francs (CHF), euros (EUR), British pounds (GBP), Norwegian krone (NOK), Swedish krona (SEK), Danish krone (DKK) and American dollars (USD). Currencies are allocated according to shipping destination.

After selecting the type of payment and accepting the Terms and Conditions, please click ‘Confirm’. For payment by credit card, debit card or PostFinance, the process is directed to the secure servers of the platform Six-Multipay, where method of payment data are requested and, if provided by the card issuer, also a security code.
For payment via PayPal, the process is directed to the secure servers of PayPal; note that you need to be registered with PayPal to be able to pay in this way.
Once your payment is confirmed and the transaction is successful, you will be sent an email confirming the order. If you choose to pay by bank transfer, the system is redirected to the page where you will find the instructions on how to proceed. An email will be sent to you containing the same instructions for payment by this method.

Important: the confirmation of the order and the formation of the contract is concluded only when we receive full payment and goods are dispatched.
Note: if payment does not reach us within 5 calendar days from the point at which the order is processed, the system sends you an advisory email. If payment still has not reached us after an additional 45 calendar days, the order will be cancelled and the contract will be considered null and void.


6. Warranty for Defects, and Liability

All new products purchased from authorised dealers or via the Punkt. website come with a two-year guarantee.
The warranty period commences from the date upon which the Customer receives the product. In determining this date, reliance will be made upon the delivery date stated by the courier.
The warranty will be voided by any inappropriate use, and/or by any modification, manipulation or repair other than those carried out by or expressly authorised by Punkt. The warranty only covers problems caused by manufacturing defects; it does not apply to problems caused by external factors such as accidental damage (including water ingress beyond the product’s stated water-resistance capacity), inappropriate electrical supply, and extreme environmental conditions (e.g. humidity, high temperatures).
Note that all electrical products must be used strictly in accordance with their instruction manuals and other associated documentation. Please read all descriptive material – particularly technical specifications – before buying, in order to be certain that the product you are considering is suitable for how you intend to use it. Each product’s instruction manual is downloadable from our website.
Punkt. operates a policy of continuous product development. For this reason, the product supplied may occasionally differ from the one illustrated and/or specified. All stated performances, dimensions, weights and sizes are indicative only; performance may vary according to different environmental situations. Punkt. does not accept any liability for those variations, except where they constitute negligence or malfeasance by Punkt. itself.
In the event of a product being supplied by Punkt. as a replacement for a defective product, the warranty period covers again a period of two years and commences from the date of the new delivery of the replacement product to the Customer.
The warranty on units sold as refurbished covers a period of one year and commences from the date of receipt by the Customer.
In cases where a product has been repaired by or on behalf of Punkt. other than under warranty (e.g. accidental damage or when the warranty has expired), the repair work comes with a six month warranty from the date upon which the Customer receives the repaired product. If the product overall is still within its warranty period, this is unaffected.
If you need to make a warranty claim, the fastest method is to make a support request on the Support Section of the website. You will be asked to provide, among other information, the original order number (if the product was purchased from the Punkt. website), the serial number of the product and a detailed description of the problem. The serial number can be found on each product’s original packaging.
Our Customer Service team will then contact you within two working days. Important: please do not return any product under warranty until you have been requested to do so by Punkt.
The costs of returning the product will be refunded by Punkt., but only if the stated problem is demonstrably due to a manufacturing defect. To facilitate this process, we suggest that you attach the receipt from the shipping company to your online support request.
If a product has a demonstrable manufacturing defect and the warranty period has not expired, Punkt. will repair or replace it free of charge.
The only case in which Punkt. will reimburse the cost of a defective product is if the Customer makes a support request within 30 days from receipt of the goods. That period of 30 days commences from the day after goods arrive (reliance will be made upon the delivery date stated by the courier). For this reason, you should check the received product as soon as possible after receipt.
The reimbursement will be made to the same credit card or bank account used by the Customer for the purchase on the Punkt.’s online e-shop platform within 30 days from the date upon which Punkt. authorises of the refund process. If the relevant credit card or bank account details have changed in the meantime, the Customer should inform Punkt. of this immediately.
If a shipping company’s return label is included with the product, it is not to be used if you are returning the product under your right to withdraw from the purchase within 30 days of receipt as described in section 7 below. Please keep this label carefully in case you have any future reason to return the product to Punkt., for example a warranty claim or for repairs to accidental damage. We would also suggest that you retain the product’s original box and its external sleeve for the same reason.


7. Customer's Right to Withdraw

(A) Product purchase 
If, for any reason, the Customer is not satisfied with his/her purchase, he/she is entitled to withdraw from the contract within a mandatory period of 30 days from receipt of the shipment, without the need to indicate the reason. That period of 30 days commences from the day after receipt of the purchased goods (reliance will be made upon the delivery date stated by the courier).
In order to exercise this right and receive instructions on how, when and where to return the product and obtain a refund, the Customer is required to contact our customer support department on the Support Section of the website. They will be asked to provide, among other information, the order number (if purchased via Punkt.’s website), the serial number of the product and a detailed description of the problem. The serial number can be found on each product’s original packaging.
Once the aforementioned communication of withdrawal has been received by Punkt., the Customer must comply with the following instructions on the method of returning the goods, the costs of which will be borne exclusively by the Customer. If a return label was provided with the product, it is not for use in this situation.
Once a product’s return has been authorised by Punkt., it must be received by us or our communicated distributor within 10 working days of the date that the authorisation was sent.
In the case of order cancellations made within the applicable deadline, Punkt. will reimburse the cost of the product to the same credit card or bank account used by the Customer for the purchase via Punkt.’s website within 30 days from the date upon which we authorise the refund process. If the relevant credit card or bank account details have changed in the meantime, the Customer should inform Punkt. of this immediately. In order for us to comply with legislation related to prevention of money laundering, we will need to make extra security checks.

The right of withdrawal is in all cases subject to the following conditions:

Where the Customer is unable to return the goods in their original condition and packaging and in compliance with the indications provided, all the Customers’ rights to return the goods are forfeited.
Punkt. reserves the right to withhold up to 50% of the product’s original price if a product is returned with missing/damaged package or missing/damaged accessories or if the product itself is broken, manipulated with or otherwise not intact.

(B) Pre-release advance orders
You may cancel your advance order at any time, without giving a reason, up until the point at which we email you to inform you that your product is ready for dispatch. If you do this prior to our sending notice of dispatch, we will make a 100% refund of your initial payment within seven days of your cancellation.

(C) Defective products
The Customer shall be entitled to return products received in a defective state within 30 days from receipt of the shipment. The Customer, by accepting these Terms and Conditions, declares and accepts that the 30 days for identifying the defect commence from the date of delivery (reliance will be made upon the date stated by the courier), with the Customer being obliged to check the delivered product as soon as possible.
Punkt. will accept delivery of products declared to be defective, reserving the right to perform quality checks with a view to verifying the actual non-conformity. In the case of ascertained non-conformity, Punkt. will proceed to:

  1. collect the defective item or if the customer sends the item at his own expenses, Punkt. reimburses the Customer the shipping costs incurred to return the defective product, including any import duties;
  2. replace the product with an equivalent or reimburse the purchase price.

The aforementioned reimbursement, subject to quantification of the amount, will be made to the same credit card or bank account used by the Customer to make the purchase on Punkt.’s online e-commerce platform, within 30 days from notification.


8. Exchanges

Punkt. is not obliged to exchange any goods that are not defective. Punkt. will usually satisfy the request by the Customer to make an exchange, where possible. The additional shipping costs for the second shipment will be borne by Punkt.
The Customer’s right of withdrawal (see point 7) is not limited or excluded in any way by this provision.


9. Cases of Force Majeure

Punkt. is exempt from all liability for the total or partial non-fulfilment of any obligations contained in these General Terms of Sale where that non-fulfilment is caused by unforeseeable and/or natural events beyond the control and responsibility of Punkt. including, by way of example but without limitation, natural (disasters) events, acts of terrorism, wars, civil uprisings, malfunctioning of connectivity, electricity shortages, general strikes of public and/or private workers, strike and/or restrictions on road access for couriers and air connections.


10. Delivery, Delays in Delivery, Shipments.

If not otherwise indicated, the delivery will be made to the delivery address indicated by Customer.
Deliveries to the United States of America and Canada are provided by the Punkt. distributor.
Deliveries with a destination in countries belonging to the European Union are provided by the Tax Representative of Punkt.:

S.A.T. sas
F-68870 Bartenheim
France
VAT Id. Nr. FR48791665706

Punkt. manages shipments by way of Swiss Post International (which makes use, where necessary, of local partners) or via another courier, assessing for each individual delivery and for each destination the most convenient courier for the Customer.
Shipping costs are clearly displayed at the time of making the order and are calculated on the basis of the total weight of the package at the time of its departure. Shipments to the European Union are free of charge.
Your order will be processed within three working days from receipt of payment, subject to stock availability of the purchased product.
Generally, where the product is not available at the time of the purchase request, the system will not continue with the online purchase procedure and no charge will be made to the Customer.
Deliveries are made within 48 hours in Switzerland and 72 hours in Europe, with a maximum delivery time available of 10 working days in Europe from the date of acceptance of the order by Punkt. Deliveries are made within 7 working days and a maximum delivery time available of 15 working days in the rest of the world, starting from the date of acceptance of the order by Punkt.
All shipments are insured for the value of the goods delivered.
Punkt. hereby informs you that it is not liable for any delays in delivery caused by the actions of customs and/or the postal services of third party countries.


11. The Punkt. Privacy Policy

Punkt. is committed to protecting and respecting your privacy; for this reason, we collect and manage your personal data carefully and take specific measures to keep it safe.
We have updated our privacy policy; below you will find information on how we collect, gather and use your personal data in relation to your browsing of or purchasing via our website www.punkt.ch.

(A) Data controller
Punkt Tronics AG
Via Losanna 4, 6900 Lugano, Switzerland
+41 91 924 9003
info@punkt.ch
VAT ID: CHE-114.634.022 IVA
Company registration number: CH-501.3.011.937-5

(B) Information we collect
The categories of personal data that Punkt. collects and processes when you browse or purchase via punkt.ch, are:

  1. Given name and surname, email address, delivery address, billing address, phone number and the payment details that are necessary for the purchase and delivery of our products via punkt.ch;
  2. Your email address when you subscribe to our Newsletter service;
  3. The personal data you provide when you contact our customer service department;
  4. Upon consent, we collect and use your personal data for marketing purposes;
  5. For your account registration, we collect: name and surname, email address, password and date of birth. If you are a registered user, we collect information about your access to the reserved area of ​​the site. Upon your consent, by analysing your personal data, we can process information regarding your interests and preferences with respect to our products and services, in order to customize proposals and offers in line with your interests;
  6. We collect information on your browsing on punkt.ch, such as the pages you visit and how you interact with the single page and save this information on our servers to improve the process;
  7. Punkt. does not process personal data relating to minors. By accessing punkt.ch and using the services offered by Punkt. you are declaring that you are of legal age.

(C) How we use personal information
Your personal data is collected and processed by Punkt. for the following purposes:

  1. To fulfil a purchase contract for goods on punkt.ch with the collection of data such as: payment, anti-fraud checks (in case of payment by credit or debit card), billing, shipment of the product and if applicable, its return;
  2. Registration to the site and use of services reserved for registered Users. Registration on the site is possible through the submission of some personal information necessary to ensure your identification and the execution of services reserved for registered users;
  3. Punkt. Customer Services. To carry out Customer Care activity in the best possible way Punkt. requires, in relation to each service and its characteristics, the personal data necessary for the execution of the service you requested;
  4. Employment application form and CV. We will use the information contained in your CV for evaluation for an open position application. Your CV will be kept for a maximum period of six months, after which it will be deleted;
  5. Statistical analysis and surveys. We use some information about your use of the Site to perform statistical analysis and surveys in order to improve our offer and our services, the data is processed in anonymised aggregate form;
  6. Marketing contact: sending commercial and promotional communications following the purchase of one of our products;
  7. Only with your consent, we may use the contact details you have provided, for commercial communications on our products and services, in order to update you on news, new arrivals, exclusive products, our offers and promotions and we may use your contact information as part of market researches and satisfaction surveys for the sole purpose of improving our services and the relationship with our Users. These communications will take place exclusively through the means chosen by you (email or telephone)
  8. Only with your consent, Punkt. can personalise your experience as a registered user on the site, proposing news and offers in line with your taste and sending you commercial communications tailored to your interests, these communications will take place exclusively through the means chosen by you (email or telephone). The customisation will be done by analysing your previous purchases.

If you wish to authorise the activities referred to in points 7. and 8. and subsequently you no longer wish to receive further communications from Punkt. or you want to limit the means by which you are contacted, you can stop these communications at any time by simply clicking on the "unsubscribe" link present at the bottom of each communication, or by contacting Punkt. through Customer Services or through the email address specified in this document.
In relation to all the activities indicated above, we will process your personal data mainly using IT and electronic tools; the tools we use guarantee high safety standards in full compliance with current legislation.

(D) How and why we use your personal information
We use your personal data only in the presence of one of the conditions provided for by the law in force, and specifically:

  1. For the conclusion and execution of a contract to which you are a party.
    When we process your data for the conclusion of the purchase agreement of which you are a part, we ensure that we exclusively use the minimum information necessary for the execution of this.
    This basis legitimises the processing of personal data that takes place in the following activities:
    • Conclusion and execution of a purchase agreement for the products offered on punkt.ch;
    • Registration to the site and use of services reserved for registered Users;
    • Management of your requests by our customer service department.

The contribution of your personal data for these activities is a contractual obligation. You are free to communicate your data or not, but in the absence of the requested data, it will not be possible to conclude or execute the agreement and your requests. This means that you will not be able to purchase the products and you will not be able to use the Punkt. services and that we will not be able to handle your requests;

  1. Comply with a legal obligation.
    In the event of conclusion of an agreement for the purchase of goods on punkt.ch, the processing of the user's data will take place in order to fulfil the legal obligations in accordance with relevant tax regulations;
  2. For our legitimate interests.
    If you purchase products on punkt.ch by credit or debit card, some of your personal data may be processed to carry out anti-fraud activities: we have a legitimate interest in carrying out this activity to prevent and pursue any fraudulent activity;
  3. Based on your consent.
    We will carry out the following only if you have given us your express consent:
    • Carrying out marketing activities, conducting opinion polls and for market research;
    • Analysis of your browsing and purchasing activities in the context of your Punkt. profile, in order to personalise your experience on our Site.
  4. Providing your personal data for these activities is absolutely optional.

(E) Who your data is processed by
Your personal data will be processed by staff specifically trained by Punkt.
Your personal data will also be transmitted to third parties that we use to provide our services; these third parties have been appropriately selected and are certified as GDPR-compliant. These third parties have been appointed as data controllers and carry out their activities according to the instructions given by Punkt. and under its control. The third parties in question belong to the following categories: banking operators, internet providers, companies specialised in IT and telematics; couriers; companies that carry out marketing activities; companies specialised in market research and data processing.
The list of external managers is available upon written request to our email address: info@punkt.ch
Your data may be transmitted to police and judicial and administrative authorities, in accordance with the law, for the detection and prosecution of crimes, the prevention and protection from threats to public security, to allow Punkt. to ascertain, exercise or defend a right in court, as well as for other reasons related to the protection of the rights and freedoms of others.

(F) Extra-EU data transfer
Some of the third parties may be located in countries outside the European Union that nevertheless offer an adequate level of data protection, as established by specific decisions of the European Commission.

(G) How long do we retain your data?
We retain your personal data for a limited period of time, which is different depending on the type of activity that involves the processing of your personal data.
After this period, your data will be permanently erased or otherwise rendered anonymous in an irreversible way.
Your personal data is stored in compliance with the following terms and criteria:

  1. Data collected to conclude and execute agreements for the purchase of goods on the site: until the administrative and accounting formalities have been completed. The billing data will be kept for ten years from the billing date;
  2. Data of the registered user: the data will be stored until you request cancellation of your Punkt. profile;
  3. Data relating to the payment: up to the certification of the payment and the conclusion of the related administrative and accounting formalities resulting from the expiration of the right of withdrawal and the terms applied for the contestation of the payment;
  4. Data collected in the context of the use of services offered on the site: this data is retained until the termination of service or cancellation of the subscription to the service by the user;
  5. Data related to user requests to our customer service department: the data useful to assist you will be kept until your request is met;
  6. CV: six months from receipt;
  7. Data used for commercial communication activities regarding Users who purchase products on punkt.ch: this data is kept until the termination of service or the exercise of the opposition by unsubscription by the user;
  8. Data used for carrying out market research and surveys for satisfaction surveys: up to the request by the user to interrupt the activity. In any case, for technical reasons, the termination of the processing and the subsequent ultimate cancellation or irreversible anonymisation of the related personal data will be finalised within thirty days from the terms specified above.

(H) Your rights
You can exercise your rights at any time with reference to the specific processing of your personal data by Punkt.:

  1. Access your data and modify it: you have the right to access your personal data and to request that it be corrected, modified or integrated with other information. Upon your request, we will provide you with a copy of your data in our possession.
    b) Revoke your consent: you can revoke a consent you have given for the processing of your personal data in relation to any activity for marketing purposes at any time. In this regard, we remind you that marketing activities are considered as the sending of commercial and promotional communications, the conduct of market research and satisfaction surveys for the customization of the website and commercial offers according to your interests. Once we receive your request, we undertake to promptly cease to use your personal data based on this consent, while different usage or that which is based on other grounds, will continue to be carried out in full compliance with the provisions in force.
  2. Opposition to the processing of your data: you have the right to object at any time to the processing of your personal data made on the basis of our legitimate interest, explaining the reasons that justify your request; before accepting it, we will have to evaluate the reasons for your request.
  3. Delete your data: you may request the cancellation of your personal data in the cases provided for by current legislation. Once your request has been received and examined and if it is legitimate, it will be our duty to promptly cease to process your personal data and to delete it.
  4. Request that the processing of your personal data is temporarily limited: in this case Punkt. will continue to retain your personal data but will not use it, unless otherwise specified by you, and subject to the exceptions established by law.
  5. Request of your data or data transfer to other party than Punkt. ("right to data portability"). You can ask to receive your data that we process based on your consent or on the basis of an agreement with you in a standard format. If you wish, where technically possible, we may transfer at your request your data directly to a third party that you indicate.
    In order to exercise any of your rights described above you can contact us by calling the following number +41 91 924 9003 or writing to us at info@punkt.ch (please enter “Privacy” in the subject field), or by writing to the Data Controller at the above physical address. 

(I) Security measures
We protect your personal data with specific technical and organisational security measures, aimed at preventing your personal data from being used illegitimately or fraudulently. In particular, we use security measures that guarantee: the pseudonymization or the encryption of your data; the confidentiality, integrity, availability of your data as well as the resilience of the systems and services that process them; the ability to restore data in the event of a data breach.

(J) Complaints
If you believe that the processing of your personal data has been carried out unlawfully, you can lodge a complaint to one of the supervisory authorities responsible for compliance with the rules on personal data protection.

(K) Legislative references and useful links
The processing of your personal data is carried out by Punkt. in full compliance with the regulations on the matter pursuant to the Regulation (EU) 2016/679 General Data Protection Regulation.


12. Limitation of Liability

Under no circumstances will Punkt. be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event of Punkt. being held liable for any damages arising out of or related to this agreement, your sole and exclusive remedy will be the full refund of your purchase price without interest.


13. Applicable Law and Court with Jurisdiction

The contract between the Customer and Punkt. is made exclusively under Swiss law, and in the event of disputes, Swiss laws shall be applicable.
Any dispute, deriving from or in any way related to these General Terms and Conditions shall be subject to the exclusive jurisdiction of the Court of Lugano, Ticino-Switzerland.


14. Concluding Provisions

If any one of these general terms and conditions is shown to be invalid or becomes invalid at a later date, this shall not affect the validity of the rest of the contract. In that case, the invalid term shall be replaced with a term that represents as closely as possible its intention and economic purpose or with the appropriate legal provisions. Therefore, the parties agree and accept that the invalidity of a term and/or condition is not a substantial legal element for the purposes of cancelling or invalidating the agreement as they declare that this is without prejudice to good faith in the implementation of the contract and the fact that the parties could not know of that invalidity at the time of entering into the agreement. Punkt. reserves the right to amend these general terms and conditions at any time. The same will be published in replacement or completion of the general conditions existing up to that time.

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