E-shop Punkt.

General Terms & Conditions

Valid from 25 May 2018


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.

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) or British Pounds (GBP) and are inclusive of tax (VAT).

For an easier order approval process, Punkt. suggest payment by credit card. 


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
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, 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 made by the Punkt. distributor.

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

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.

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. The Punkt. Privacy Policy

Punkt Tronics AG (“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’ll 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
Num. Reg. 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, shipping 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;
  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 experience;
  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 do 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.
    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;
  2. 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;
  3. 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;
  4. 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.
  5. Providing your personal data for these activities is absolutely optional.

E) Who will process your data?

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 listed in paragraph 6 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: 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. 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. 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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