Terms & Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Sascha Welter) via the website https://poncho-loco.com. Unless otherwise agreed, the inclusion of any of your own terms is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "checkout" page and entering personal data as well as payment and shipping conditions, the order details are finally displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the provider's website or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review and change the information in the order overview or to cancel the order (also using the "back" function of the internet browser).
By submitting the order via the corresponding button ("buy" or a similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all information required in connection with the contract conclusion take place via email, partially automated. You must ensure that the email address you provided is correct, that you can receive the emails, and that they are not blocked by spam filters.
§ 3 Custom-Made Products
(1) You must provide us with the necessary suitable information, texts, or files for the custom design of goods via the online ordering system or by email immediately after contract conclusion. Any specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (particularly copyrights, name rights, trademark rights) or violates existing laws. You explicitly release us from all claims asserted by third parties in this context, including the costs of necessary legal defense.
(3) We do not check the transmitted data for content accuracy and assume no liability for any errors.
§ 4 Special Agreements on Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna:
- Invoice: The payment term is 14 days from the shipment of the goods/tickets or, in the case of other services, from the provision of the service. Complete invoice conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Installment Purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of each month after Klarna has sent a monthly invoice. Further information about installment purchases, including terms and European standard consumer credit information for the applicable countries, can be found here: Germany, Austria.
- Sofortüberweisung: Available in Germany and Austria. Your account is debited immediately after placing the order.
- Direct Debit: The debit is made after the goods have been dispatched. The exact date will be communicated via email.
- Credit Card (Visa/Mastercard): Available in Germany and Austria. The debit occurs after the goods are dispatched or, in the case of tickets/service availability or subscriptions, according to the communicated times.
The use of the invoice, installment purchase, and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna for address and credit assessment as part of the purchase initiation and contract processing. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna’s privacy policy.
(2) SEPA Direct Debit (Basic and/or Business Direct Debit)
If you choose SEPA direct debit as a payment method, you authorize us via a SEPA mandate to collect the invoice amount from the specified account. The direct debit will be executed within 15 days after contract conclusion. The pre-notification period is reduced to 5 days before the due date. You are required to ensure sufficient funds are available. In the event of a return debit due to your fault, you must bear the incurred bank fees.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) Consumers are encouraged to check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier as soon as possible. Failure to do so does not affect your statutory warranty rights.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Sascha Welter
Lindenstraße 25
66578 Schiffweiler
Germany
Email: info@poncho-loco.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps, contract conclusion, and correction options follow the regulations in "Conclusion of the Contract" (Section I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the full contract text. However, before submitting the order, you can print or electronically save the contract details. After the order has been received, the order data, legally required information for distance contracts, and terms and conditions will be sent again via email.