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General Terms and Conditions



Effective from: 20 August 2025
Provider: Penguin Powderwear, Kalisti International GmbH, Klingenstrasse 9, 8005 Zürich, Switzerland
Contact: mail@penguin.swiss · +41 44 586 63 60


1. Scope & Contracting Parties

These terms and conditions govern all orders placed through our online shop penguin.swiss as well as purchases at our physical retail locations, where applicable. The contracting party is Kalisti International GmbH (“Penguin,” “we”). Deviating terms and conditions of the customers do not apply unless we expressly agree to them in writing.

2. Offer & Conclusion of Contract

  • Product representations in the shop are non-binding. Technical changes, as well as minor model and color deviations (due to screen or production series), are reserved.
  • By clicking the "Buy" button, you place a binding order for the items contained in your shopping cart.
  • The automatic order confirmation acknowledges receipt of your order but does not constitute acceptance. The contract is only concluded with our separate shipping confirmation or delivery of the goods.

3. Prices, Currencies, Taxes & Duties

  • Prices are quoted as final prices, including statutory VAT, where applicable.
  • Currency: Prices are displayed in CHF or EUR, depending on your selection. ​
  • EU & Switzerland: Taxes and duties are included in the sales price.
  • All sales outside the EU & Switzerland are final (no returns).
  • Any bank or currency exchange fees are the responsibility of the customer.

4. Payment

  • Accepted payment methods: Visa, Mastercard, TWINT.
  • Purchase on account is only possible within Switzerland. Payment is due as stated on the invoice.
  • We reserve the right to restrict payment methods in individual cases.

5. Delivery, Shipping Costs & Delivery Times

  • Shipping costs: We offer free delivery within Switzerland and the EU. For all other countries, a flat-rate shipping fee applies, depending on the destination and provider.
  • Delivery time: Usually 3–5 business days from the shipping confirmation. During peak periods, high demand, or customs processing, delays may occur.
  • Partial deliveries are permitted, provided they are reasonable.
  • Transfer of risk: Upon handover to the customer or the designated recipient.

6. Retention of Title

The goods remain our property until full payment has been made.

7. Returns & Exchanges (Withdrawal)

7.1 Switzerland & EU

  • Deadline: 14 days from receipt of the goods.
  • Conditions: Product must be unused, unwashed, with all tags attached, and in the original packaging.
  • Procedure: Send us an email with your order number and your request (exchange/return). You will receive return instructions.
  • Costs: Return shipping costs are borne by the customer. For exchanges, we send the replacement item free of charge.
  • Refund: After receipt and inspection of the goods, we will refund the purchase price via the original payment method. Outbound shipping costs are not reimbursed (if charged separately).
  • Exclusions: Gift vouchers, personalized/individually modified items, services (e.g., wash & waterproofing), and clearly worn, damaged, or soiled goods.

7.2 Outside the EU & Switzerland

  • All sales are final – no returns/no exchanges.

8. Warranty & Repairs

  • We produce high-quality products with timeless design – with a focus on long-lasting durability.
  • Warranty: 2 years against material and manufacturing defects from the date of purchase.
  • Procedure: Please report defective items with photos and proof of purchase; we will offer repair, replacement, or refund at our discretion.
  • Not covered: Normal wear and tear (e.g., abrasion on ski boots), improper use, accident/fall damage, heat/chemical damage, and unauthorized modifications or repairs, zippers.
  • Repairs outside the warranty: We assist you with a fair, sustainable repair solution (cost estimate provided in advance).
  • Statutory warranty rights remain unaffected where mandatorily applicable.

9. Product Care

Our products are made from different materials. Care instructions can be found on the respective product page as well as on the care label. Please follow the guidelines for washing, waterproofing, and maintenance (e.g., regular re-waterproofing of shells).

10. Liability

  • For slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations) and limited to foreseeable, contract-typical damages.
  • Mandatory liability (e.g., under product liability law) remains unaffected.
  • We assume no liability for third-party content/links.

11. Data Protection

We process personal data in accordance with the Swiss Data Protection Act (DSG) and, where applicable, the EU GDPR. Details can be found in our privacy policy (see Section 15). Purpose limitation, data minimization, security, and transparency are central to us.

12. Cookies & Analytics

We use technically necessary cookies as well as, with consent, analytics/marketing cookies (e.g., Google Analytics/Ads) and integrations (e.g., YouTube, Meta). Details and opt-out options can be found in our Cookie Policy and consent banner. You can withdraw your consent at any time with effect for the future.

13. Intellectual Property

All content (texts, images, trademarks, designs) is protected by copyright and trademark law. Any use beyond what is legally permitted requires our prior consent.

14. Applicable Law & Jurisdiction

Swiss law applies, excluding the UN Sales Convention (CISG). The place of jurisdiction is Zurich, Switzerland. Mandatory consumer protection provisions of your country of residence remain reserved.

15. Privacy Policy (Summary)

Responsible entity: Kalisti International GmbH, Klingenstrasse 9, 8005 Zurich, Switzerland, mail@penguin.swiss
Purposes: Operation of the website/shop, contract processing, customer service, communication, marketing (with consent), security/abuse prevention. 
Categories of data: Master data, contact details, order/payment and delivery data, communication data, device/usage data (logs, cookies), preferences. 
Legal basis: Performance of contract/pre-contractual measures, legitimate interests (operation/security/optimization), legal obligations, consent (especially for marketing/analytics). Recipients: Logistics/payment service providers, IT/hosting/support partners, debt collection/authorities, where required. 
Cross-border transfers: Where services outside CH/EU are used, we ensure appropriate safeguards (e.g., standard contractual clauses, adequacy decisions). 
Storage duration: As long as necessary for the purposes or legally required. Your rights: Access, correction, deletion, restriction, objection, withdrawal (for consent), data portability – in accordance with applicable law. 
Security: Technical and organizational measures according to the state of the art; encrypted transmission where appropriate. 
Data Protection Contact: mail@penguin.swiss
The full privacy policy with all details (including used services, cookies, legal bases, and retention periods) is available separately.

16. Changes to the Terms & Policies

We reserve the right to adjust the Terms & Conditions, privacy and cookie information, as well as shipping/return policies at any time. The version valid at the time of the order is decisive. Changes are published on penguin.swiss.

Shipping & Returns

Shipping Costs

  • CH & EU: free
  • Rest of the world: flat rate according to checkout (depending on country/provider)

Delivery Time

  • 3–5 business days (plus customs clearance, if applicable)

Returns/Exchanges

  • CH & EU: 14 days from receipt; unworn, unwashed, in original packaging; return shipping costs borne by the customer
  • Outside the EU & Switzerland: sales are final, no returns

Payment

  • Visa, Mastercard, TWINT
  • Invoice (CH) – subject to review

Warranty

  • 2 years for material and manufacturing defects
  • Repair Support Outside Warranty

Care Instructions

  • Follow the care label on the product.
  • Shell products: re-waterproof regularly; gentle wash cycle, liquid technical detergent, no fabric softener.
  • Merino: wool wash cycle, dry flat.
  • Close zippers/Velcro before washing.
  • Detailed care information per product: below the respective product description.

Imprint & Contact

Penguin Powderwear
Kalisti International GmbH
Klingenstrasse 9, 8005 Zürich, Switzerland
mail@penguin.swiss · +41 44 586 63 60