Punkt Tronics AG

General Terms & Conditions

Valid from 27 June 2019

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 Security statement.

1. The parties

These terms and conditions regulate the sale contract between you, the Customer (hereafter known as “you”, “your” or “the Customer”) and ourselves, Punkt Tronics AG, the owner of this website (hereafter known as “Punkt.”, “we” or “our”).
Punkt Tronics AG is a limited company incorporated in Switzerland. Its registered headquarters is at Via Losanna 4, 6900 Lugano, and its company registration number is CHE-114.634.022.

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.

3. Contractual partner

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. Commercial services offered online by Punkt. are aimed at both private individuals (Business to Consumer) and commercial organisations (Business to Business).

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.
If you have not received any acknowledgement of receipt or any other communication from Punkt. within 24 hours of sending the order, you undertake to contact Punkt. promptly via customercare@punkt.ch.

(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 will send you a refund within seven days. 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 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.

5. Payment

All prices quoted on our website are inclusive of VAT.
The following payment methods are available:

(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.

For payments made by credit card, debit card or PostFinance, the payment process is transferred to the secure servers of the Swiss payment service provider SIX Payment Services AG. 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, you will be provided with instructions on how to proceed. 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 45 days (total 50 days), the order will be cancelled. In this situation there will be no obligations incumbent upon either party.

6. Delivery

If not otherwise indicated, the delivery will be made to the delivery address indicated by the Customer when the order was placed.
Deliveries with a destination 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 (in conjunction with local partners, as appropriate). Delivery costs are clearly displayed at the time of making the order and are calculated on the basis of the anticipated total weight of the package. (Deliveries to the European Union, Switzerland, the USA and Canada are free of charge.)
Your order will usually be dispatched within three working days from receipt of payment, subject to stock availability. (Dispatch may take a little longer in the run‑up to Christmas, and at certain other times during the year.) 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 or have a refund.
Delivery usually takes 1‑2 working days in Switzerland and 2-5 working days in the European Union and the EFTA (remote areas can take longer). Delivery to the rest of the world usually takes 5-10 working days. Please note that we are not responsible for shipping delays caused by the actions of customs officials or couriers/local postal services.

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 correct address, 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; regretfully, we are unable to accept these deliveries and they have to be returned unopened to the sender.
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 legislation related to the prevention of money laundering, we are obliged to make refunds to the same bank or credit card account used for the original purchase. If the relevant credit card or bank account details have changed in the meantime, you must inform Punkt. of this immediately and we shall need to make extra security checks.
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.

(B) Products discovered to be defective on arrival
If a product appears to be defective on arrival, please contact our Customer Service department. 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 so promptly.
See also the warranty terms below, which applies to products once they have been in the customer’s possession for more than 30 days.

8. Exchanges

If you decide that you would rather have a different product, please contact our Customer Service department 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.

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 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 on units sold as “refurbished” covers a period of one year and commences from the date of receipt by the Customer.
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 commencing from the date of the new delivery of the replacement product to 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 is still within the warranty from its purchase, this is unaffected.

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 accidental damage (for example water ingress beyond the product’s 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. 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 two working days.

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 and we will not be able to accept it. 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.

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.

 

If you return a product to us without following these instructions, it will almost certainly arrive with substantial import duty/tax to pay and we shall not be able to accept the delivery. In the unlikely event that the parcel arrives at the correct location and without import duty/tax payable, we will 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.

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 related to this agreement, your sole and exclusive remedy will be the full refund of your purchase price without interest.

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.

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, 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 for couriers and air connections.

14. 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.
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