Punkt. e-shop - Terms & Conditions of Sale

 
Valid from the 29th of March 2021
 
Purchases made by individual consumers are covered by consumer protection legislation, which varies between countries. Punkt. encourages customers to find out what protection applies where they live. These terms & conditions in no way limit or replace the applicable consumer protection legislation.
For information about how we use and protect our customers’ personal information, please see our Data Protection Policy.
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1. The parties
These terms and conditions regulate the sale contract between you, the Customer and ourselves, Punkt Tronics AG, the owner of this website.
Punkt Tronics AG is a limited company incorporated in Switzerland. Our registered headquarters are at Via Losanna 4, 6900 Lugano, and our company registration number is CHE-114.634.022.
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2. Scope of application
These terms & conditions regulate all sale contracts entered into between Punkt. and the Customer. Each contract is subject to the terms & conditions that are displayed on our website at the time of purchase. Punkt. will not accept any derogation from these terms and conditions unless expressly agreed by us in writing.
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3. Contractual partner, eligible customers
The Punkt. e-shop for website purchases is operated by Punkt Tronics AG. Where a purchase contract is entered into via the e-shop, Punkt. will be the Customer's contractual partner.
The Punkt. e shop is exclusively for purchases made by private consumers. Commercial customers should contact Punkt. via this link.
E-shop purchases may only be made by people aged 18 or over. By making a purchase, the customer declares that he/she is 18 or more years of age.
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4. Entering into the contract
(a) General
After you place an order with Punkt., acknowledgement of this will be sent by us to the email address you have provided. This acts as confirmation of receipt; it does not constitute a legally binding acceptance of your order. A contract is first created between you and Punkt. when we send you an email saying that the relevant goods have been dispatched to you. This email will include an invoice and a copy of the terms and conditions; if you have a Punkt. account, you can also access the invoice and information about your order by logging in to the Punkt. website.
If you have not received any acknowledgement of receipt or any other communication from Punkt. within 24 hours of placing an order, please check your spam folder and then contact Punkt. by clicking here to make a support query.
(b) Pre-release advance orders
Advance orders enable you to secure a place in the queue for a product before it becomes available. When the product is released for sale, stocks are sent to customers who have placed advance orders before the product is made available to other customers.
Products are generally delivered to us in batches; these batches may be smaller than the total number of customers who have placed 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 shall 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 fulfil all advance orders; the product will then be placed 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 in stock products.
When you place an advance order, you will at that point be charged the full cost of the product(s). If for any reason you decide that you do not wish to continue waiting for the product, you have the right to cancel your order up until the point at which we send you an email informing you that the ordered product is being prepared for dispatch; if you do this, we shall send you a full refund within seven days.
Although we aim to begin dispatching advance ordered products as soon as possible, you understand and accept that there may be delays. We shall send you periodical updates regarding the anticipated dispatch schedule. Any estimated date of dispatch provided to you is subject to change and is without guarantee. 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 obliged, to provide any discounts, refunds, credits or compensation due to any such delays other than a refund of the amount paid to us by you when you made your pre release advance order.
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5. Payment
All prices quoted on our website are inclusive of VAT at the current rate.
The following payment methods are available:
credit or debit card (Visa, Mastercard, American Express, Diners Club, Discover, Maestro, Twint, Union Pay) 
PayPal
Apple Pay (this requires authorisation from your bank)
PostFinance
bank transfer
(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), Japanese Yen (JPY) and American dollars (USD). Currencies are allocated according to shipping destination.
For payments made by credit card, debit card, PostFinance or Apple Pay, the payment process is transferred to the secure servers of the Swiss payment service provider Worldline Switzerland Ltd.. For payment by PayPal, the process is directed to their secure servers; note that you need to be already registered with them to be able to pay in this way. If you choose to pay by bank transfer, during checkout you will be provided with instructions on how to do this. An email will be sent to you duplicating these, for your convenience.
Once your payment is confirmed and the transaction is successful, you will be sent an email acknowledging your order.
All goods remain the property of Punkt. until full payment is received.
If payment does not reach us within five calendar days from the point at which your order is initially received by us, an email will be sent to you advising you of this. If payment still has not reached us after an additional 25 days (total 30 days), the order will be cancelled. In this situation there will be no obligations incumbent upon either party.
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6. Delivery
You are responsible for providing an appropriate delivery address when ordering. We will only be able to amend the delivery address if requested early enough.
Orders for delivery to addresses in countries belonging to the European Union are provided by Punkt.’s EU representative:
S.A.T. sas
F-68870 Bartenheim
France
Punkt. arranges deliveries using UPS, DHL, and Swiss Post (who sometimes work with local partners, as appropriate). Standard delivery costs are separately displayed at the time of making the order and are calculated on the basis of the anticipated total weight of the package. 
Standard delivery is free for orders above the minimum order value established by the selected shipping country.
 
Orders are usually dispatched within two working days, subject to stock availability. (Please note that we dispatch from a number of different countries, depending on destination, and these countries have different public holidays.) Dispatch may take a little longer at peak times, e.g. at Christmas, after new product launches and during promotional campaigns. Our e shop will not normally accept an order for a product that is not in stock, but exceptions to this can occasionally occur. If this happens, we shall inform you of when the product is likely to be back in stock; you can then decide whether to wait, request an alternative product or receive a refund.
At the e shop checkout stage, an estimated delivery time is shown for the selected country. Standard delivery usually takes 1 2 working days in Switzerland and 2-5 working days in the European Union, the UK, EFTA and USA (remote areas can take longer). Standard delivery to the rest of the world usually takes 5-10 working days. We offer an express delivery option to the following destinations: Belgium, France, Germany, Italy, Luxembourg, Netherlands. Express delivery usually takes 1-2 working days.
Please note that estimated delivery times start from the date of dispatch and are indicative only. We are not responsible for shipping delays caused by the actions of customs officials or couriers/local postal services.
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7. Customer's right of withdrawal (‘Returns’)
(a) Changing your mind
If, for any reason, you are not satisfied with your purchase from Punkt., you are entitled to withdraw from the contract within 30 days from receipt of the shipment, return the purchased product and receive a refund (including delivery cost). This 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).
When purchasing a product, you agree to exercise this right in accordance with the procedure described in Section 10 below, which describes how to return a product. In particular, it is essential that you liaise with Punkt. before returning something to us, to ensure that a) it is shipped efficiently, b) it is sent to the appropriate destination, and c) it does not incur unnecessary taxes and customs duties. Products that are returned to us without liaising with us first almost always arrive with extra charges due; if you return a product without following the procedure specified by us, you undertake to reimburse us for these charges.
 
Once a product’s return has been authorised by Punkt., the product must be received at the address specified by us within 14 working days of the date that the authorisation was sent.
Assuming everything is in order, we shall make the refund within 30 days from the date at which we first authorised the return. In order for us to comply with money laundering legislation, we are obliged to make refunds exclusively to the same bank or credit card account used for the original purchase. If the credit card is no longer valid, the cardholder must contact the issuing bank and request a chargeback. The bank will then return the original transaction to us through the service provider.
The right of withdrawal from the contract is in all cases subject to the following conditions, in addition to those laid out in Section 10. In summary, your right to withdraw from the contract is designed to replicate the process of examining a product in a physical shop.
The product (brand new or refurbished) must be returned in the condition that it was received, and complete with any documentation, instructions and accessories that it came with. Any tags, labels or screen protector films that were attached to it when it was supplied must not have been removed.
The product must be returned in its original packaging, which must also be in the same condition as it was received and be complete with all its elements. As a sole exception, if it is genuinely impossible to remove a product from its branded packaging without damaging the latter, this necessary damage to the packaging is acceptable. Do not write on the branded packaging, or attach labels or sticky tape to it.
You are responsible for ensuring that the product and its branded packaging is adequately prepared for shipping. This means that it must be placed in crush resistant outer packaging, i.e. a strong cardboard box with appropriate filler material within it. We strongly recommend that you retain the outer packaging it was delivered in for this purpose, at least for the duration of the 30-day trial period.
The right of withdrawal applies only to the purchased product in its entirety; no withdrawal will be accepted for only part of the purchased product (other products ordered at the same time are not affected).
If you do not comply with these requirements, your right to receive a refund in exchange for returning the product is forfeited.
(b) Products discovered to be defective on arrival
If a product appears to be defective on arrival, please contact our Customer Service department exclusively via the Support section of our website. They may be able to remedy the situation by providing you with additional information. Beyond that, you have the right to return the product within 30 days of receipt, under the same conditions described in Section 7A (e.g. the product and branded packaging must be complete and undamaged), and receive your choice of a replacement or a full refund. We reserve the right to examine the product when we receive it in order to confirm that the fault is not caused by damage incurred after you received the product, and undertake to do this promptly.
See also the warranty terms in Section 9 below, which applies to products once they have been in the customer’s possession for more than 30 days.
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8. Exchanges
If you decide that you would rather have a different product, please contact our Customer Service department exclusively via the Support section of our website, as soon as possible. If you let us know in time, we may be able to prevent the currently ordered product from being dispatched and send the different product instead; this will be the quickest solution.
If you are not able to contact us in time, please refuse the delivery and immediately inform us that you have done this. The courier will return the package to us and we shall arrange to send you your preferred product.
If you only decide that you would like a different product once you have examined the product initially ordered, you may return it to us within 30 days in accordance with the conditions described above. Tell us what you would like instead and we shall send it to you instead of arranging a refund. You will not have to pay extra delivery costs.
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9. Warranty terms
a) Duration
All new products purchased from authorised dealers or via the Punkt. website come with a two-year Punkt. guarantee. The warranty on units sold as “refurbished” covers a period of one year.
In the event of a product being repaired or replaced by Punkt. under warranty, the warranty period is extended to match the length of time that it takes for the issue to be resolved.
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. If the product is still within the warranty from its purchase, this is unaffected.
All warranty periods commence 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.
 
b) Limitation of cover
The warranty will be voided by any inappropriate use, and/or 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 other factors such as misuse, accidental damage (e.g. dropping the product or allowing water ingress beyond its stated water-resistance capacity), inappropriate electrical supply, extreme environmental conditions (e.g. humidity, high temperatures), or any other use that is not in accordance with the product’s instruction manual and associated literature).
c) Claims
If you need to make a warranty claim, please make a support request on the Support section of our website here. Using other forms of communication will mean that it takes us longer to deal with your claim. You will be asked to provide, among other information, the original order number (if the product was purchased directly from us) or proof of purchase (if it was bought elsewhere), the serial number of the product and a detailed description of the problem. The serial number can be found on the product’s original packaging. Our Customer Service team will then normally contact you within three working days. (It may take a little longer at peak times, e.g. at Christmas, after new product launches and during promotional campaigns.)
Important: Please do not return any product under warranty until you have been requested to do so by Punkt. Doing so will cause delays in processing your claim. The parcel is likely to arrive with unnecessary taxes and/or import duty to pay; if you return a product without following the procedure specified by us, you undertake to reimburse us for these charges. We shall send you an address label that will prevent these charges from being applied.
If you have contacted us before the expiry date of the warranty period, and it is reasonable to say that the product has a manufacturing defect, we shall repair or replace it (at our choice) free of charge. If the claim is made within six months of initial receipt of the product, it will be assumed that a problem is the result of a manufacturing defect unless the contrary can be demonstrated; after six months it will be necessary to demonstrate that a problem is caused by a manufacturing defect.
The only situation in which we shall make a refund of the cost of a defective product is if you make a support request within 30 days from initial receipt of the goods, as described in Section 7 above.
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10. Procedure for returning a product
If you need to return a product to us, whether under your right of withdrawal from the purchase contract or as part of a claim under warranty, please follow these instructions carefully in order to avoid unnecessary inconvenience and expense. The system described below ensures that a) the goods are sent to the correct location; b) they are conveyed in the most efficient way; and c) we are able to process them much more quickly once they reach us.
Contact us before dispatching the product. Do this by accessing your account on punkt.ch (or by creating a new account, if this was not done at the time of purchase) and opening a support request in the Support section of the website. You will be asked to provide, among other information, the order number, the serial number of the product and a detailed description of the reason for the return. Assuming everything is in order, we shall then provide you with a Return Merchandise Authorisation (RMA) number. Please do not return a product without prior approval from us.
Use the prepaid label enclosed with the product, and its associated courier, unless we ask you to do otherwise. This will ensure that the parcel goes to the correct distribution centre, is conveyed in the most cost-effective manner, and avoids unnecessary customs duties and taxes. Write the RMA number clearly on a piece of paper and include it inside the parcel. If you no longer have the prepaid return label please contact us and we shall issue you with a replacement.
Ensure that the product is adequately packed. You are liable for any damage in transit that can be shown to be due to inadequate packing. Please retain the original packaging for this purpose.
Remember to enclose all accessories. If you are returning the product because you wish to withdraw from the purchase, remember that it needs to be returned in a saleable condition; we reserve the right to reduce or cancel your refund if it is damaged and/or accessories are missing.
 
If a product is sent to us without following these instructions, it will almost certainly arrive with substantial import duty/tax to pay. If you do return a product without following the procedure specified by us, you undertake to reimburse us for these charges. Also, the unlikely event that the parcel arrives at the correct site and without import duty/tax payable, we shall only be able to refund your shipping costs up to what we would have paid our own courier; because we have a wholesale contract with them, this will be considerably less than a one-off arrangement that you are likely to make.
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11. Data protection
We encourage you to read our Data Protection Policy, which includes use of the Punkt. e-shop. It provides information about how and for what purposes we collect and use your personal data.
 
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12. Limitation of liability
Under no circumstances will Punkt. be liable for any incidental, special or consequential loss arising out or related to this agreement. In the event of Punkt. being held liable for any loss related to this agreement, your sole and exclusive remedy will be the full refund of your purchase price without interest.
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13. Governing law and jurisdiction
The contract between the Customer and Punkt. is made exclusively under Swiss law, and in the event of disputes, Swiss laws will be applicable.
Any dispute, deriving from or in any way related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Lugano, Switzerland.
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14. Force majeure
Punkt. is exempt from all liability for the total or partial non-fulfilment of any contractual obligations where that non-fulfilment is caused by unforeseeable events beyond the control and responsibility of Punkt. including, by way of example but without limitation, natural events, pandemics, epidemics, acts of terrorism, wars, civil uprisings, malfunctioning of connectivity, electricity shortages, general strikes by public and/or private workers, strikes and/or restrictions on road access by/for couriers, and air connections.
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15. Miscellaneous
If any one of these general terms and conditions proves to be invalid or becomes invalid at a later date, this will not affect the validity of the rest of the contract. In such a case, the invalid term will be replaced with a term that represents as closely as possible its intention and financial purpose and/or with the appropriate legal provisions. Therefore, the parties agree and accept that the invalidity of a term and/or condition is not grounds for 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 reasonably anticipate that invalidity at the time of entering into the agreement. Punkt. reserves the right to amend these general terms and conditions at any time. Such amendments will be published as a replacement for or an addition to the terms & conditions existing up to that time.
In the event of any inconsistency or discrepancy between the English version and any other language versions of these Terms & Conditions, the English language version shall prevail.
 
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