E-shop Punkt.

General Terms & Conditions

Valid from 1 February 2016


1. The Parties

These terms and conditions regulate the sale contract between you, the Customer (hereafter known as “you”, “your” or “Customer”) and our Company, 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”).

The company’s 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 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 is operated by Punkt Tronics AG, Via Losanna 4, 6900 Lugano, Switzerland. Where a contract is entered into (see point 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

After having placed an order with Punkt., you will receive an order confirmation to the e-mail 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 at the e-mail address: customercare@punkt.ch.

The contract is entered into between you and Punkt. at the time your order is accepted and the goods are shipped. All goods remain the property of Punkt. until full payment is received. Our Business to Consumer prices naturally include VAT at the statutory rate.


5. Payment Terms and Prices

Customers may purchase items on Punkt. E-shop, Choosing between the following methods of payment:

After selecting the type of payment and accepting the Terms and Conditions, please click Confirm. For payment by credit card, Paypal or PostFinance, the system is redirected 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.
Once your payment is confirmed and the transaction is successful, the system will send an email confirming the order.
Choosing a bank transfer, the system is redirected to the page where you will find the instructions on how to proceed.
An e-mail will be sent containing the same instructions for payment by bank transfer.
Once the payment is confirmed and the transaction is successfull, the system will send an email confirming the order.

Important: the confirmation of the order and the signing of the contract is concluded only when the seller account will be credited.
Note:
if the credit will not occur within 5 calendar days from the moment the order is processed, the system sends an e-mail reminder.
If the credit will not occur after an additional 5 calendar days, the order will be canceled and the contract will be considered null.

Depending on the country you selected, the prices quoted in the shop are in Swiss Francs (CHF), Euro (EUR), American Dollars (USD), British Pounds (GBP); Norwegian Krones (NOK), Swedish Krones (SEK) or Danish Krones (DKK) and are inclusive of tax (VAT).

For an easier order approval process, Punkt. suggests payment by credit card or PayPal.


6.  Warranty for Defects and Liability

Punkt. grants the same warranty clearly indicated on the product or in the accompanying documentation. The warranty period commences from the date upon which the Customer receives the product. The warranty obligation exists only on the condition that the Customer uses the product appropriately and it does not cover any modifications or repairs made to the product by the customer. The warranty is forfeited where the defect is due to external causes, such as incidents, high voltages and special environmental conditions (e.g. humidity, high temperatures).

Punkt. does not guarantee that the products are suitable for special purposes or that the performance levels of the products are higher than those stated.

Thanks to continuous and constant improvements in product quality, the received product may occasionally differ from that illustrated and/or specified. All stated performances, dimensions, weights and sizes are indicative and may differ depending upon different environmental situations. Punkt. does not accept any liability for those variations, except where they represent negligence or wilful intent by Punkt. itself.

In the event of later delivery of goods replacing those of the same value and free from defects, the warranty period shall once again cover the same period identified on the product or in the accompanying documentation and commences from the date of the new delivery of the goods to the Customer.

For any warranty claim relating to products bought from this e-shop, please contact our Customer Services Department by e-mail at: customercare@punkt.ch.


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 reasons. 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 that right, the Customer should send to Punkt. a communication by registered delivery letter with acknowledgement of receipt, addressed to:

Punkt Tronics AG
Via Losanna, 4
6900 Lugano
Switzerland

The right of withdrawal may be notified in advance to Punkt. also by fax (to number + 41 91 924 9004) or e-mail (customercare@punkt.ch), still sent within the aforementioned period of 30 days and followed by a confirmation by registered delivery letter with acknowledgement of receipt, strictly sent within 48 hours after the advance notification by fax or e-mail.

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, whose costs will be borne exclusively by the latter:

When returning goods from the United States of America and Canada, Customers should address them to the following Punkt. distributor:

Ameico Inc.
1 Church Street
US 6776 CT New Milford
United States

When returning goods from the European Union, Customers should address them to the following Punkt. address:

Punkt Tronics AG c/o
S.A.T. sas
Le Parc 3
6 Rue Robert Schuman

F-68870 Bartenheim
France

In all other cases, Customers should address them directly to the following Punkt. address:

Punkt Tronics AG
Via Losanna, 4
6900 Lugano
Switzerland

The goods sent must be received by Punkt. or its distributors within 10 working days from the date of receipt of the authorisation.

For order cancellations made within the set deadlines, Punkt. will reimburse the purchase price, having deducted the original shipping costs for the return and any import duties, within 30 days from the date upon which the goods are received by Punkt..

The right of withdrawal is in any case subject to the following conditions:

B) 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;
  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 acocunt used by the Customer to make the purchase on Punkt.’s online e-commerce platform within 30 days from notification date. If the Customer paid with a Bank Transfer, Punkt. will need the Customer's Bank Details to proceed with the refund.


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 made by the Punkt. distributor Ameico Inc.

Deliveries with a destination in countries belonging to the European Union are made by the Tax Representative of Punkt.:

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

Deliveries with a destination in the United Kingdom are made by the Tax Representative of Punkt.:

ASD Group
TN23 1PP Ashford
United Kingdom
VAT Id. Nr. GB249366865

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 expressly 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.

Punkt. grants free shipping for orders with 2 or more products.

Your order will be processed within 3 working days from the payment credit, 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 10 working days in Europe and 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 inefficiency of customs and/or the postal services of third party countries.


11. Data Protection and Security

Punkt. uses the secure services of Six Multipay, which guarantee the utmost security and protection for the Customer’s data. Your personal data, such as your credit card number, postcode, bank account number, name and address, entered when making the purchase order, will be encoded and therefore secured against unauthorised access on the Internet. Punkt. uses a safe transfer process, the so-called "Secure Socket Layer" (SSL) transfer, to process customer data.

The Six Multipay payment system also uses the data protocol 3D Secure code to protect transactions made by Visa and Mastercard. At the time of payment, the Customer’s credit card data and, if necessary, personal password, are requested.  The Customer is thereby univocally identified by his/her bank.

The processing of personal data (names, postal addresses, telephone and/or credit card numbers) disclosed by the Customer to Punkt., in order for the latter to process the order, is subject to the regulations in relation to personal data protection. When placing an order, the Customer agrees for his/her personal data to be stored in a machine-readable way and processed in order to complete the order.


12. 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 passed over to the exclusive jurisdiction of the Court of Lugano, Ticino-Switzerland.


13. Non-Authorized Retailers

The warranty on Punkt. products is not valid if products have been purchased from an unauthorized dealer/online retailer. Punkt. sells products through authorized retails and online channels to ensure that Customers obtain top quality pre-sales and post-sales support and service.

Products purchased through unauthorized channels are not eligible for any type of service or support.

To find out if a dealer is a Punkt. authorized dealer, please use our Store Locator to find the most convenient dealer for you.

If you are unsure about an online or offline retailer, you can always contact Punkt. at the email address customercare@punkt.ch or call +41 91 9249003.


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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