Welcome to PonchoMexican.com The Terms of Service that follow govern your use of the Poncho Mexican website and services.
Your use of PonchoMexican.com including ordering and/or creating an account constitutes acceptance of these Terms of Service. If there are terms you do not agree to you are not permitted to use the site.
Before purchasing a product review all of the information below these Terms of Service.
1. Website Information
While we try to be as accurate as possible when describing our products there may be differences in styles sizes colors and other attributes, The products we sell may also be different from the products we offer for sale at any given time.
We may change our website product descriptions prices and pictures at any time.
2. Using Our Website
You must be at least the age of legal consent to agree to these Terms of Service.
If you are using the site on behalf of a different person or business you warrant that you have the authority to agree to these terms on that person’s or business’s behalf.
You agree to use the website in a way that meets all applicable laws.
3. Product Description
While we try to be accurate when describing our products we do not guarantee the accuracy of product descriptions.
There may be slight differences between the product shown on our site and the product delivered. Factors such as lighting photography monitoring equipment raw materials manufacturing and the inherent characteristics of textile products may all cause variations.
Due to the nature of woven knitted and hand-made or embellished products there may be small discrepancies in design pattern and/or texture repeats stitching finishing tassels and trim.
Variations as described above do not mean there is a defect in the product.
4. Price & Product
Prices posted on PonchoMexican.com are subject to change without notice.
We may alter remove or discontinue any product offered for sale.
We are sorry if mistakes occur in our product descriptions but if such errors occur we will correct them if and when we discover them.
If an order is placed because of a price or other error we may refuse or cancel the order and will refund any payment made for that order.
5. Orders
A submitted order is an offer to purchase the products in the order.
We may accept reject or fulfill only part of any order and may require pre-payment.
If payment is made prior to order fulfillment and we later refuse to fulfill all or part of the order the payment will be refunded.
6. Payment
You must provide accurate and comprehensive billing information to process your order.
You also agree to provide us or our third-party payment processors with authority to charge your order including the product costs shipping and handling taxes and other fees.
We may cancel your order if we cannot process your payment.
PonchoMexican.com does not deliberately store your payment card information; this information is stored by the payment processor we use.
7. Shipping and Delivery
We will attempt to process and ship your order using the shipping information provided by you.
Delivery time frames provided during checkout are estimates only unless stated otherwise.
Delivery time frames may be extended due to reasons beyond our control including but not limited to adverse weather conditions actions of third-party delivery service providers and/or customs holidays and other events beyond our control.
You must provide us with a correct and complete shipping address for the delivery of your order.
We are not liable for the costs associated with reshipping your order if there was an error with the shipping address provided by you. For more information please view our Shipping Policy.
8. Returns and Refunds
Our policies regarding returns refunds and exchanges are available here.
Please contact customer service for returns authorization.
Please note that we may require that the item be returned in the original packaging and in the condition it was in when it was shipped to you for example unworn or unused.
Certain items may not be returnable or exchangeable.
These Terms do not limit any mandatory rights or protections provided to consumers under the law.
9. User Accounts
You may be able to create an account to use certain functionalities on PonchoMexican.com.
You will be required to keep your account information secure and will be responsible for all uses of your account.
You agree to provide and maintain accurate account information.
If you suspect your account has been compromised please report this to us as soon as possible.
We may in our discretion suspend or terminate your account for any reason including a violation of these Terms of Use or if the account is associated with fraudulent or illegal activity.
10. Acceptable Use
- You are only allowed to use PonchoMexican.com for lawful purposes.
- You will not use PonchoMexican.com to:
- Engage in any unlawful activity.
- Attempt to gain unauthorized access to our servers.
- Cause a disruption to the website for other users to be unable to use the site.
- Post virus or other malicious code on the site.
- Remove content from the site or collect information about users in an unauthorized manner.
- Falsify information about yourself.
- Use another person’s account without permission.
- Negatively impact another customer’s use of the site.
- Make an order using fraudulent means.
- Assist or engage in an activity that negatively impacts our customer’s confidence in doing business with us.
- We may take action to restrict your use of the site if we believe you have broken these Terms.
11. Intellectual Property
All materials available on PonchoMexican.com are under the control of PonchoMexican.com or are licensed to PonchoMexican.com. Unauthorized use of any materials on this website may violate intellectual property laws and/or other applicable laws. Except as expressly stated in these Terms and Conditions PonchoMexican.com grants no express or implied rights to use the materials on PonchoMexican.com.
You may not post modify transmit or change any materials found on PonchoMexican.com.
12. Product Reviews and User Content
If PonchoMexican.com allows customers to submit content PonchoMexican.com is not responsible for the content submitted by customers.
If you post content you warrant that you have the legal right to post the content and it does not violate any third party’s rights.
You agree that your content will not be unlawful offensive or otherwise inappropriate.
PonchoMexican.com may but is not obligated to remove any content posted by customers.
13. Third Party Services and Links
PonchoMexican.com is not responsible for the content practices policies or services of a third-party service or a third-party website.
PonchoMexican.com is not responsible for any third party payments shipping or other service arrangements made through PonchoMexican.com.
You may be bound to a provider’s terms and policies when using a provider’s service.
14. Promotions and Discounts
PonchoMexican.com may provide promotional codes discounts and specials. Each may include additional terms and conditions which may include when the promotion expires and what (if any) restrictions there are on the promotion. Promotional codes may not be used in conjunction with other codes. We may change or stop a promotion at any time.
15. Disclaimer
PonchoMexican.com makes no representation or warranty about the availability or function of the Website. We do not guarantee that the Website will be available be without errors or be free from security breaches. We attempt to ensure the information on the Website is accurate; however we do not guarantee the accuracy of any information on the Website.
16. Limitation of Liability
In the greatest extent the law allows we will not be responsible for any loss or damage suffered or incurred by you including loss of data or profits or other consequential losses in connection with your use of the Website. Our responsibility to you for any loss or damage we are responsible for will be limited to the amount you spent on the Website.
Our Terms will not limit any liability that we are not lawfully allowed to limit.
17. Indemnification
You must defend indemnify and hold harmless PonchoMexican.com and each of its employees agents and service providers from and against all claims and expenses including attorneys’ fees that arise from your breach of these Terms from your unlawful use of the website or from your infringement of any rights of a third party.
This provision will not apply in the event it is prohibited by law.
18. Privacy
Use of PonchoMexican.com also will be subject to the terms of the Privacy Policy.
19. Changes to Terms of Service
We reserve the right to modify these Terms of Service. We will post the modified Terms of Service on this site. A revision to the “Last Updated” date will indicate when changes have been made to these Terms of Service. Continued use of PonchoMexican.com will indicate your agreement to the modified Terms of Service to the extent permitted by the law.
20. Miscellaneous
These Terms of Service will be construed and governed by the laws of the State of Texas.
Any controversy or dispute of any kind or description arising under or in connection with these Terms and Conditions or the interpretation or performance of any of them or your use of ponchomexican.com shall be settled in accordance with the requirements of law rules and regulations of the applicable jurisdiction.
These Terms and Conditions do not limit or take away the rights of consumers as defined by law.
21. Severability
If any part of these Terms and Conditions is determined to be invalid illegal or unenforceable such part will be limited or narrowly construed to the maximum extent permitted.
22. Entire Agreement
These Terms and Conditions in conjunction with our other policies and documents govern your use of ponchomexican.com and your purchase from us.
