Legal notice

THE PONCHOS®

Email Address: contact@the-ponchos.com

Phone Number: +1 501 263 8473 

Please read the different terms of use of this site carefully before browsing its pages. By accessing this site, you unconditionally agree to these terms.

Terms of Use:

This site (https://the-ponchos.com/) is offered in various web languages (HTML, HTML5, Javascript, CSS, etc.) for better user convenience and a more pleasant design. We recommend using modern browsers such as Internet Explorer, Safari, Firefox, Google Chrome, etc. The team The Ponchos  makes every effort at its disposal to ensure reliable information and reliable updates to its websites. However, errors or omissions may occur. Therefore, the user must ensure the accuracy of the information and report any modifications to the site that they deem useful.  

The company SHOPIFY is located at Legal Department 151 O'Connor Street Ground Floor, Ottawa, Ontario K2P 2L8.

The Ponchos is in no way responsible for the use of this information, or for any direct or indirect damage that may result from it.

Cookies :

The site https://the-ponchos.com/ may ask for the acceptance of cookies for statistical and display purposes. A cookie is information placed on your hard drive by the server of the site you are visiting. It contains several data that are stored on your computer in a simple text file that a server accesses to read and save information. Some parts of this site may not be functional without the acceptance of cookies.

Hyperlinks:

The website of https://the-ponchos.com/ may provide links to other websites or other resources available on the Internet. The Ponchos has no means to control the sites connected to its websites. The Ponchos does not guarantee the availability of such sites and external sources, nor does it guarantee them. The Ponchos cannot be held responsible for any damage of any kind resulting from the content of these sites or external sources, including the information, products or services they offer, or any use that may be made of these elements. The risks associated with this use are fully the responsibility of the user, who must comply with their terms of use. Users, subscribers, and visitors to the websites of The Ponchos are not allowed to establish a hyperlink to this site without the express and prior authorization of The Ponchos. In the event that a user or visitor wishes to establish a hyperlink to one of the websites of The Ponchos, it is their responsibility to send an email accessible on the site to make their request for a hyperlink. The Ponchos reserves the right to accept or refuse a hyperlink without having to justify its decision.

Users setting up hyperlinks are strictly prohibited, unless prior written authorization from the publisher is obtained. 

The publisher is free to refuse this authorization without having to justify this decision in any way. If the publisher grants authorization, it is in any case only temporary and may be withdrawn at any time without justification on the part of the publisher.

All information accessible via a link to other sites is not published by the publisher. The publisher does not have any rights to the content found in the said link. 

Services Provided:

All the activities of the company as well as its information are presented on our site https://the-ponchos.com/. https://the-ponchos.com/ as precise as possible. The information on the site is not exhaustive and the photos are not contractual. They are provided subject to modifications that have been made since they were put online. In addition, all the information on the site is given as an indication and is subject to change or evolve without notice.

Contractual Limitation on Data:

The information contained on this site is as accurate as possible and the site is updated at different times of the year, but may still contain inaccuracies or omissions. If you notice a gap, error, or what appears to be a malfunction, please report it by email to the address contact@the-ponchos.com describing the problem as accurately as possible (page causing the problem, type of computer and browser used, etc.). Any content downloaded is done at the user's risk and under their sole responsibility. Consequently, the publisher cannot be held responsible for any damage suffered by the user's computer or for any loss of data following the download. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a latest-generation updated browser. Hypertext links established as part of this website to other resources on the Internet cannot engage the responsibility of The Ponchos.

Intellectual Property:

All the content of the site https://the-ponchos.com/ including, but not limited to, graphics, images, text, videos, animations, sounds, logos, gifs, and icons, as well as their formatting, are the exclusive property of the company The Ponchos except for trademarks, logos, or content belonging to other partner companies or authors. Any reproduction, distribution, modification, adaptation, retransmission, or publication, in whole or in part, of these various elements, including computer applications, is strictly prohibited without our express written consent. This representation or reproduction, by any means whatsoever, constitutes an infringement punished by. Not complying with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. In addition, the owners of the copied Content may take legal action against you.

Disputes:

These terms of the site https://the-ponchos.com/ are governed by and any disputes or disputes that may arise from the interpretation or execution of these will be the exclusive jurisdiction of the courts on which the registered office of the company depends. The reference language, for the settlement of possible disputes, is English.

Personal Data:

In general, you are not required to provide us with your personal data when you visit our website. 

Your data is collected by the company.

Personal data is defined as any information concerning an identified or identifiable natural person (the data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity.

The personal data that may be collected on the site are mainly used by the publisher for managing relations with you and, where applicable, for processing your orders. 

The personal data that may be collected are as follows:

  • First name
  • Last name
  • Mailing address
  • Email address
  • Phone number
  • Date of birth

 

We use a text messaging platform, which is subject to the following terms and conditions. By registering for our SMS marketing and notifications, you agree to these terms and conditions. By entering your phone number when paying and initiating a purchase, by signing up through our subscription form or a keyword, you agree that we may send you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. You acknowledge that consent is not a condition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, a European Union company with an office in Sofia, Bulgaria, EU. This data will be used to send you targeted marketing messages and notifications. When sending an SMS, your phone number will be transmitted to an SMS operator to ensure delivery. If you wish to unsubscribe from receiving marketing messages and SMS notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link provided in one of our messages. You understand and agree that alternative methods of unsubscribing, such as the use of words or alternative requests, will not be considered a reasonable means of withdrawal. Message and data rates may apply. For any questions, please send "HELP" via SMS to the number from which you received the messages. You can also contact us for more information. If you wish to unsubscribe, please follow the procedures above.

Access to the Website

Access to the website and its use are reserved for strictly personal use. You agree not to use this website and the information or data contained therein for commercial, advertising, political, or any form of commercial solicitation purposes.

Website Content

Current intellectual property laws protect all trademarks, photographs, texts, comments, illustrations, still or animated images, video sequences, sounds, as well as any computer applications that may be used to operate this website.

They are the full and exclusive property of the publisher or its partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The publisher's failure to initiate legal proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of such uses and a waiver of prosecution.

Website Management

For the proper management of the website, the publisher may, at any time:

  • Suspend the website for updates.
  • Suspend, interrupt, or limit access to all or part of the website, reserve access to the website or certain parts of the website for a specific category of users.
  • Delete any information that may disrupt its operation or violate national or international laws.

Right of Access, Rectification, and Dereferencing of Your Data

In accordance with applicable personal data regulations, users have the following rights:

  • The right of access: they can exercise their right to access, to know the personal data concerning them, by writing to the email address mentioned below. In this case, before implementing this right, the Platform may request proof of the user's identity to verify its accuracy.
  • The right of rectification: if the personal data held by the Platform is inaccurate, they can request the updating of the information.
  • The right to delete data: users can request the deletion of their personal data in accordance with applicable data protection laws.
  • The right to limit processing: users can request the Platform to limit the processing of personal data in accordance with the scenarios provided by the GDPR.
  • The right to object to data processing: users can object to their data being processed in accordance with the scenarios provided by the GDPR.
  • The right to data portability: they can request that the Platform provide them with the personal data they have provided to transfer to a new platform.

By email, at the address: contact@the-ponchos.com

Any request must be accompanied by a photocopy of a valid signed identity document and mention the address at which the publisher can contact the requester. A response will be provided within one month of receiving the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so require.

Furthermore, since the law n°2016-1321 of October 7, 2016, individuals have the option to organize the fate of their data after their death. 

Responsibilities

The publisher's responsibility cannot be engaged in the event of failure, breakdown, difficulty, or interruption of operation preventing access to the site or one of its functionalities.

The tool you use to connect to the site is your full responsibility. You must take all appropriate measures to protect your tool and your own data. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible for legal actions against you:

  • Due to the use of the site or any service accessible via the internet.
  • Due to your failure to comply with these terms and conditions.

The publisher is not responsible for any damages caused to yourself, third parties, and/or your equipment as a result of your connection or use of the site, and you waive any action against him in this regard.

If the publisher becomes the subject of an amicable or judicial procedure due to your use of the site, he may seek compensation for all damages, sums, convictions, and expenses resulting from this procedure.