Terms of service

OVERVIEW

This website is operated by The Ponchos. On this site, the terms "we," "our," and "ours" refer to The Ponchos. The Ponchos offers this website, including all information, tools, and services available on it to you, the user, provided you accept all the terms, conditions, policies, and notices stated here.

The Ponchos® offers a shipping period ranging from 1 to 3 business days. Delivery times range from 6 to 7 business days.

Preamble

These general terms and conditions of sale apply to all sales concluded on the website https://the-ponchos.com.

The company's contact information is as follows:

  • Our website link: https://the-ponchos.com

  • Company Name: SALOPETTE FZE

  • Postal Address: Dubai Silicon Oasis, DDP China Dubai Digital Park - Office A7

  • Phone Number: +1 501 263 8473 🇺🇸

  • Email Address: contact@the-ponchos.com

  • Company Number: DSO-FZE-22695

The main features of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented in the Seller's catalogs. The photographs and graphics presented are not contractual and do not engage the Seller's responsibility. The Customer is required to refer to the description of each Product to understand its essential properties and characteristics.

Product offers are subject to stock availability.

The customer acknowledges having read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order implies acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entire obligations of the parties. In this sense, the customer is deemed to accept them without reservation.

These general terms and conditions of sale, including those applicable to in-store sales or through other distribution channels, apply exclusively, to the exclusion of any other conditions. They are accessible on the website https://the-ponchos.com and will prevail, if necessary, over any other version or conflicting document.

The buyer and the seller agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time, which will apply from the date of publication.

If a sales condition is lacking, it is deemed to be governed by the practices in force in the distance selling sector in which companies have their registered office in France.

Article 2 - Content

Purpose. These general terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer on the website https://the-ponchos.com.

Capacity. Using the site to place an order assumes the acceptance of all the terms of these general conditions. The Customer declares that they are of legal age and have the capacity to enter into a contract under the law of their country or represent, under a valid mandate, the person for whom they are placing the order.

Acceptance of the General Terms and Conditions. The Customer declares that they have read the general terms and conditions and accepted them before any purchase, which implies unconditional adherence to these general terms and conditions of sale. By this acceptance, the customer acknowledges that they have received sufficient information and advice from the company prior to any order, allowing them to ensure the adequacy of the content of their order to their needs. These general terms and conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes evidence of all facts, acceptance, and transactions.

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer on the website https://the-ponchos.com.

Article 3 - Order

The buyer has the option to place an order online, from the online catalog and using the form provided, for any product, subject to availability.

The buyer will be informed of the unavailability of the ordered product.

For the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

  • After the buyer receives confirmation of the order's acceptance by the seller by email;

  • After the seller receives full payment.

Placing an order implies acceptance of the prices and product descriptions available for sale. Any dispute on this point will be settled as part of a possible exchange and the guarantees mentioned below.

In some cases, such as non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: contact@the-ponchos.com.

Call the following phone number: +1 501 263 8473 on the following days and hours: Monday to Friday from 8:30 a.m. to 6:30 p.m.

Digitally stored records in the company's computer systems under reasonable security conditions will be considered evidence of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.

The transfer of ownership of the Seller's Products to the Customer will only be made after full payment of the price by the Customer, regardless of the delivery date of the Products.

The transfer of risk occurs from the seller to the customer at the time the customer physically takes possession of the goods. However, if the customer selects their own carrier, in that case, the transfer of risk occurs when the seller hands over the goods to the carrier selected by the customer.

The Customer acknowledges that it is the carrier's responsibility to deliver the goods and has no warranty claim against the Seller in the event of non-delivery of the transported goods.

Article 4 - Pre-contractual Information

The Customer acknowledges that they have been informed in a clear and understandable manner by the Seller, through the availability of these General Terms and Conditions of Sale, before their immediate purchase or order and in accordance with the provisions of Article L 221-5 of the Consumer Code:

  • On the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, enabling them to acquire the Products with full knowledge, especially regarding their conditions of use.

The photographs and graphics presented are not contractual and do not engage the Seller's responsibility. The Customer must refer to the description of each Product to understand its essential properties and characteristics.

  • On the price of the Products and the application of a personalized price based on automated decision-making and additional charges or, in the absence of payment, on any advantage provided in lieu of it and the nature of this advantage;

  • On the terms of payment, delivery, and execution of the sales contract;

  • In the absence of immediate execution of the sale, on the delivery times of the ordered Products;

  • On the Seller's identity and all of their contact information;

  • On the existence and methods of implementation of warranties (legal warranty of conformity, warranty against hidden defects, any commercial warranties), and, if applicable, on after-sales service;

  • On the possibility of resorting to a consumer mediator, whose contact details are provided in these General Terms and Conditions of Sale, in accordance with the Consumer Code;

  • On the right of withdrawal (existence, conditions, deadline, exercise method of this right, and standard withdrawal form), termination conditions, handling of complaints, and other important contractual conditions, and, if applicable, the costs of using distance communication techniques, the existence of codes of good conduct, and financial guarantees;

  • On the accepted means of payment.

By ordering on the website "https://the-ponchos.com," the Customer's action implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives any recourse to any contradictory document that would not be enforceable against the Seller.

Article 5 - Electronic Signature

Providing the buyer's credit card number online and the final validation of the order will constitute proof of the buyer's agreement:

  • The amounts due under the purchase order;

  • The signature and express acceptance of all operations performed.

In the event of fraudulent use of the credit card, the buyer is invited, upon noticing such use, to contact the seller at the following email address: contact@the-ponchos.com

Or at the following phone number: +1 501 263 8473.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation by email once payment has been made.

Article 7 - Proof of Transaction

Digitally stored records, kept in the seller's computer systems under reasonable security conditions, will be considered evidence of communications, orders, and payments between the parties. Archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

The main characteristics of the Products, including all essential information required by applicable regulations, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website "Indiquer le site internet" in the product sheets and the Seller's catalog.

The Customer is required to review these before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website "https://the-ponchos.com" are not contractual and do not engage the Seller's responsibility.

The Customer must refer to the description of each Product to understand its properties, essential characteristics, and delivery times, as well as, in the case of the continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is confirmed at the time of order validation by the Customer.

Product offers are subject to availability, as specified when placing the order.

Article 9 - Pricing Conditions

The seller reserves the right to change its prices at any time but commits to applying the rates indicated at the time of the order, subject to availability on that date.

Prices are stated in euros.

Customers purchasing products that are all-inclusive (VAT included) will see a price that takes into account the applicable VAT rate on the day of the product purchase. Any change in the applicable VAT rate will impact product prices. In cases where the company benefits from a VAT base exemption, it may legitimately invoice its products excluding tax (HT).

If a customer in a European Union country is asked to pay VAT to receive their order, they must inform the seller before paying the amounts requested by the carrier or customs authority, so the seller can legitimately resolve the situation for the customer.

If the customer has nonetheless paid fees related to customs clearance, such as VAT, customs duties, or other processing fees, the customer can request a refund only for the VAT and customs duties, provided the customer provides acceptable proof of payment.

For purchases destined for countries outside the European Union, import-related expenses such as VAT or customs duties will be borne by the customer. The seller cannot be held responsible for any additional fees related to customs clearance or other import fees.

Article 10 - Payment Method

This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.

To pay for their order, the buyer has the option to use any of the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the chosen payment method when validating the purchase order. The seller reserves the right to suspend order management and delivery in case of payment refusal by credit card by officially accredited entities or non-payment. The seller reserves the right to refuse to deliver or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Payment of the price is made in full on the day of the order, according to the following methods:

  • Bank transfer
  • Credit card (Visa, Mastercard, etc.) Special offers and discounts. The company reserves the possibility to offer limited-time launch offers, promotional offers, or price reductions on its products and to revise its offers and prices on the site at any time, in accordance with the law. The applicable rates are those in effect at the time of the customer's purchase, and the customer cannot claim other rates before or after their purchase. Discount coupons may be subject to special conditions and are strictly personal to the beneficiary and can be used only once.

In case of payment issues and/or fraud, the company reserves the right to suspend order processing and delivery in case of non-payment or refusal of payment authorization by the credit card issuer. The company reserves the right to refuse to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

The company may contact the customer to request additional documentation to process the payment for the order. The company may rely on information provided by the order analysis system. Providing the requested documentation is necessary for the company to confirm the order. To combat credit card fraud, the company may conduct a visual verification of payment methods before delivering the product. In case of fraudulent use of the credit card, the customer is invited to contact the company upon noticing such use, without prejudice to any steps the customer must take with their bank.

Default or late payment. Legal interest and penalties apply in case of default or late payment by the consumer or professional customer.

Article 11 - Product Availability - Refund - Resolution

Unless in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the homepage of the website, the shipping times, subject to stock availability, will be as indicated below. The shipping times start from the date of order registration as indicated in the order confirmation email.

The delivery terms will be specified on a case-by-case basis.

If the agreed delivery date or timeframe is not met, the buyer, before terminating the contract, must instruct the seller to perform the delivery within a reasonable additional period.

If the seller does not perform within this new period, the buyer may freely terminate the contract.

The buyer must accomplish these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or written notice of termination, unless the professional has fulfilled the contract in the meantime.

However, the buyer may immediately terminate the contract if the dates or timeframes mentioned above are essential conditions of the contract for them.

In this case, when the contract is terminated, the seller is obligated to refund the buyer the full amount paid, no later than 14 days following the date on which the contract was terminated.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice to request either a refund of the amounts paid within 14 days of payment or the exchange of the product.

Article 12 - Delivery Conditions

Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered will be delivered to the buyer by the seller's supplier according to the terms and conditions and the timeframe specified above.

The products will be delivered to the address provided by the buyer on the order form, so the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer may have an invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.

If the buyer is not available on the day of delivery, the delivery person will leave a notice of attempted delivery in the mailbox, indicating where and when the package can be picked up.

If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must inspect the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery slip, through handwritten reservations accompanied by their signature, any discrepancies concerning the delivery (damage, missing items compared to the delivery slip, damaged packages, broken items, etc.).

This verification is considered as carried out once the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then, by registered letter, confirm these reservations to the carrier no later than two working days following the receipt of the item or items and send a copy of this letter by fax or regular mail to the seller at the address provided in the legal notices of the site.

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Claims made after this period cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

The products should be returned to the following address: Mondial Relay Pressing E.Leclerc, Rue du Clos Batant, 78120 Rambouillet. It is mandatory to contact the seller before deciding to return the item. Otherwise, the seller may refuse the return. Products are offered for sale and delivered within the limits of available stock. In case of unavailability of the ordered product, the customer will be immediately informed by the company, which may offer an equivalent quality and price product, or proceed with the refund of the order if the customer is a consumer. Apart from the refund of the price of the unavailable product, the company is not required to pay any cancellation compensation, unless the failure to perform the contract is personally attributable to it.

Return costs are at the customer's expense.

Article 13 - Delivery Errors

The buyer must report any delivery error to the seller within the legal withdrawal period mentioned in these terms and conditions of sale or, if provided for, within the time frame contractually determined as part of a commercial guarantee included in these terms and conditions of sale. Any claim made after this period will be rejected.

The complaint can be made, at the buyer's choice:

Any claim that does not follow the rules defined above and within the specified time frame cannot be taken into account and relieves the seller of any liability towards the buyer.

Upon receiving the claim, the seller will issue a return number for the product(s) in question and will communicate it to the buyer by email. The exchange of a product can only take place after the assignment of the return number.

Article 14 - Product Warranty

14-1 Legal Warranty of Conformity The Seller undertakes to deliver a product that conforms to the contract description, as well as to the criteria set out in Article L217-5 of the Consumer Code.

The Seller is liable for conformity defects that exist at the time of delivery of the Products and that appear within two years from that date.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the prescription starting to run on the day the Customer becomes aware of the conformity defect.

Conformity defects that appear within twenty-four months, or twelve months for used goods, from the delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise.

In the case of a conformity defect, the Customer may require the conformity of the delivered Products through repair or replacement, or, failing that, a price reduction or termination of the sale, in accordance with legal conditions.

The Customer may also withhold payment of all or part of the price or the granting of the contractual benefit until the Seller has fulfilled its obligations under the legal warranty of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

The Customer must request conformity of the Products from the Seller by choosing between repair and replacement. The conformity of the product shall take place within a period not exceeding thirty days following the Customer's request.

The repair or replacement of the non-conforming Product includes, where applicable, its removal and return, as well as the installation of the Product made conforming or replaced.

Any Product made conforming under the legal warranty of conformity benefits from an extension of this warranty for six months.

In the case of replacement of the non-conforming Product when, despite the Customer's choice, conformity has not been carried out by the Seller, the replacement shall start a new legal warranty period for the conforming Product, starting from the delivery of the replaced Product.

If the requested conformity is impossible or involves disproportionate costs in the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, seek specific performance of the initially requested solution, in accordance with Articles 1221 and following of the Civil Code.

The Customer may also demand a price reduction or termination of the sale (unless the conformity defect is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the conformity defect is so serious that it justifies a price reduction or immediate termination of the sale, the Customer is not required to request repair or replacement of the non-conforming Product beforehand.

The price reduction is proportional to the difference between the value of the delivered Product and the value of that Product without the conformity defect.

In the case of termination of the sale, the Customer is refunded the price paid upon return of the non-conforming Products to the Seller, at the Seller's expense.

The refund is made upon receipt of the non-conforming Product or proof of its return by the Customer, and no later than fourteen days following, using the same means of payment as that used by the Customer for payment, unless the Customer expressly agrees otherwise and without incurring additional costs in any case.

The above provisions are without prejudice to the possible award of damages to the Customer, due to the damage suffered by the Customer as a result of the conformity defect.

14-2 Legal Warranty of Hidden Defects In accordance with Articles 1641 and following of the Civil Code, the Seller is liable for hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are of such a nature as to render the goods unfit for the use for which they are intended. This warranty must be exercised within two years from the discovery of the defect.

The buyer may choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of Withdrawal Application of the right of withdrawal

The buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs, which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) to allow them to be resold as new, along with the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately provided to the buyer. Any other method of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the customer must notify their withdrawal

by email to the following address: contact@the-ponchos.com

The price of the purchased product(s) and delivery costs will be refunded.

The return costs are borne by the buyer.

The exchange (subject to availability) or refund will be made no later than within 3 days from the receipt, by the seller, of the products returned by the buyer in the conditions provided above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
  • for the supply of goods made to the consumer's specifications or clearly personalized;
  • for the supply of goods that are liable to deteriorate or expire rapidly;
  • for the supply of sealed goods that are not suitable for return due to reasons of health or hygiene if unsealed by the consumer after delivery;
  • for the supply of goods that, after delivery, are, by their nature, inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
  • for urgent repair or maintenance work to be carried out at the consumer's home and expressly requested by the consumer, to the extent that spare parts and work strictly necessary to respond to the urgency are involved;
  • for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
  • for the supply of digital content not provided on a tangible medium when performance has begun with the prior express consent of the consumer and with the acknowledgment of their loss of the right of withdrawal.

The company is not obliged to reimburse any additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the professional.

Article 16 - Force Majeure and Unforeseen Circumstances

All circumstances beyond the control of the parties that prevent the normal performance of their obligations are considered causes for the exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence as well as their disappearance.

Considered as force majeure cases are all irresistible, external circumstances, unpredictable, inevitable, beyond the control of the parties, and which cannot be prevented by them despite all reasonably possible efforts. Specifically, force majeure or fortuitous events include, in addition to those commonly recognized by the jurisprudence of French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks, or difficulties inherent to external telecommunications networks to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.

If the force majeure event, preventing one of the two parties from fulfilling its contractual obligations, lasts for more than 90 days, in this case, the party that considers itself harmed may unilaterally terminate the contract that binds it to the other party.

In addition to cases of force majeure that may affect the performance of contracts by one or both of the parties to the sales contract, there is also the possibility of unforeseen circumstances. Unforeseen circumstances take into account the increase in the price of any raw material or any goods or services necessary for the production, making, provision, dispatch of a product sold by the seller, making it impossible for the seller to continue offering this product for sale or performing its contractual obligations in reasonable conditions. In such a case, the seller cannot be considered the cause of a failure to fulfill its contractual obligations, and the customer cannot unilaterally terminate the contract without first and in good faith attempting to find an amicable solution or renegotiating the contract concluded with the seller. In any case, in the event of unforeseen circumstances, the seller cannot be held responsible for any inconvenience, disadvantages, or losses experienced by the customer.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, the sole holder of intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

Article 18 - Data Protection and Privacy

Personal data provided by the buyer is necessary for the processing of their order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition regarding information about themselves. This right can be exercised under the conditions and according to the procedures defined on the website https://the-ponchos.com.

Article 19 - Partial Non-Validation

If one or more provisions of these general terms and conditions are held to be invalid or declared as such under any law, regulation, or following a final decision by a competent court, the other provisions will remain in full force and effect.

Article 20 - Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.

Article 21 - Title

In the event of difficulty in interpreting any of the headings at the beginning of the clauses and any of the clauses themselves, the headings will be declared nonexistent.

Article 22 - Language of the Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.

Article 23 - Mediation and Dispute Resolution

The buyer can use conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute. The names, coordinates, and email addresses of the mediator are available on our website.

In the event of difficulty in executing the Contract, a consumer residing in Europe has the option, before any legal action, to seek the recourse of a consumer mediator.

Article 24 - Applicable Law

These general terms and conditions are subject to the laws of Emirates Arabs . The competent courts are the emirat arabe unis courts.

In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 25 - Personal Data Protection

Data Collected

The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.

Privacy Protection:

  • Data is collected and stored for the purpose of processing and managing orders.
  • In accordance with the data protection law, we do not use your data for commercial purposes with third parties.
  • Upon confirmation of your order, every user agrees to have their data processed for the execution of their order and to receive our newsletter to keep them informed of our latest news. They have the right to object, on request and free of charge, to the processing of their personal data for direct marketing within the framework of our newsletter only after processing their order. They also have the right to correct and delete their data at any time and without charge.
  • Every consumer also has the right to register on the telephone solicitation opposition list on the website: http://www.bloctel.gouv.fr/
  • Personal data is processed in accordance with applicable legal provisions.

Personal Data Collection

The following personal data is collected on this site:

  • Account creation: When creating a user account, we collect the user's first name, last name, and location.
  • Login: When logging into the website, we record the user's first name, last name, login, usage, and location data.
  • Profile: Using the services provided on the website allows the user to complete a profile, which may include an address and phone number.
  • Payment: When paying for products and services offered on the website, the website records financial data related to the user's bank account or credit card.
  • Communication: When the website is used to communicate with other members, the data concerning the user's communications is temporarily stored.
  • Cookies: Cookies are used in the use of the website. The user can disable cookies from their browser settings.
  • Date of birth.

Use of Personal Data

The personal data collected from users is intended to provide website services, improve them, and maintain a secure environment. Specifically, the uses are as follows:

  • Access and use of the website by the user.
  • Managing the operation and optimization of the website.
  • Organizing the terms of use of payment services.
  • Verification, identification, and authentication of data transmitted by the user.
  • Offering the user the ability to communicate with other website users.
  • Implementation of user support.
  • Customization of services by displaying ads based on the user's browsing history and preferences.
  • Prevention and detection of fraud, malware (malicious software or malware), and security incidents.
  • Management of potential disputes with users.
  • Sending commercial and advertising information according to the user's preferences.

Sharing of Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

  • When the user uses payment services, the website is in contact with third-party banking and financial companies with which it has contracted to provide these services.
  • When the user publishes information in public comment areas of the website, which is accessible to the public.
  • When the user authorizes a third-party website to access their data.
  • When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to the user's data, within the framework of performing these services, and have a contractual obligation to use it in accordance with the applicable data protection regulations.
  • If the law requires it, the website can transfer data to respond to claims made against the website and comply with administrative and judicial procedures.
  • If the website is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before their personal data is transferred to a third party.

Transfer of Personal Data to Third Parties Outside the European Union

Personal data may be transmitted or transferred to our service providers in the following countries: emirat arabe unis, China.

We undertake to comply with the applicable regulations for transferring data to countries outside the European Union, including:

  • We will transfer the data of visitors, prospects, and customers to countries recognized as providing an adequate level of protection. When transferring to the United States, to organizations that have joined the Privacy Shield.
  • When the destination country does not benefit from an adequate level of protection, we frame the flows with transfer tools in accordance with the regulations (the European Commission's standard contractual clauses, in particular).

Moreover, we undertake (i) that any subcontractor presents sufficient and appropriate contractual guarantees to respect your rights so that the processing meets the requirements of the GDPR and (ii) to comply with the GDPR provisions applicable to data transfer.

By legal obligation, your personal data may be disclosed following a law, regulation, or decision by a competent regulatory or judicial authority.**

Security and Confidentiality

The website implements organizational, technical, software, and physical measures for digital security to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of information transmission or storage on the Internet.

Exercise of User Rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: contact@the-ponchos.com

  • Right of access: Users can exercise their right to access to know the data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
  • Right of rectification: If the personal data held by the website is inaccurate, users may request that the information be updated.
  • Right to erasure of data: Users may request the deletion of their personal data, in accordance with the applicable data protection laws.
  • Right to limit processing: Users may ask the website to limit the processing of personal data in accordance with the provisions set out in the GDPR.
  • Right to object to data processing: Users may object to their data being processed according to the GDPR.
  • Right to data portability: They may demand that the website provide them with the personal data that has been provided to transmit it to a new website.

Evolution of This Clause

The website reserves the right to make any changes to this clause related to the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change via email, at least 15 days before it takes effect. If the user does not agree with the terms of the new wording of the personal data protection clause, they may delete their account.