Terms of service

Terms & Conditions for Ponchocho

By accessing and placing an order with Ponchocho, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. Ponchocho is a brand under Duckee Designs LLC, and these terms apply to all products, services, and communications provided through Ponchocho.

1. Acceptance of Terms By using the Ponchocho website (the "Service"), including placing an order or browsing the site, you agree to comply with these Terms & Conditions and any other policies of Ponchocho, a brand of Duckee Designs LLC. If you do not agree to these Terms, you should not use our website or place an order with us.

2. Brand Clarification Ponchocho is a brand of Duckee Designs LLC. All products sold under the Ponchocho name are designed, manufactured, and sold by Duckee Designs LLC.

3. License Ponchocho grants you a revocable, non-exclusive, non-transferable, limited license to access and use the website strictly in accordance with these Terms. You agree not to exploit, modify, sell, lease, rent, or distribute the Service for commercial purposes without explicit permission from Duckee Designs LLC.

4. User Obligations You agree not to:

  • Copy, modify, or create derivative works from the website’s content or services.

  • Attempt to gain unauthorized access to our systems, servers, or data.

  • Remove or alter any copyright, trademark, or other proprietary notices.

5. Payment By purchasing products or services through Ponchocho, you agree to pay all fees or charges in accordance with the payment terms that are in effect at the time the order is placed. You authorize Duckee Designs LLC to charge your payment method for all fees due. Any change in payment details must be communicated to us immediately.

6. Returns and Refunds If you are not satisfied with any product purchased from Ponchocho, please contact us to discuss any issues. Returns and refunds are handled on a case-by-case basis, and our team will work with you to ensure satisfaction. Note that personalized items may have different return policies.

7. Third-Party Links and Services Ponchocho may contain links to third-party websites or services. We are not responsible for the content, accuracy, or availability of these external sites. Your interaction with third-party services is at your own risk, and you are subject to their terms and conditions.

8. Cookies Our website uses cookies to enhance your user experience. These cookies help us remember your preferences, improve website functionality, and track website usage. By using our website, you consent to the use of cookies. You can control cookie settings through your browser preferences.

9. Privacy Policy We value your privacy and handle your personal information in accordance with our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your data.

10. Modification of Terms Ponchocho reserves the right to modify these Terms & Conditions at any time. Changes will be posted on this page, and by continuing to use the Service after such changes, you agree to the modified terms.

11. Limitation of Liability Ponchocho is not liable for any damages arising from the use or inability to use the website, including but not limited to direct, indirect, incidental, or consequential damages, even if we have been advised of the possibility of such damages. Our liability is limited to the amount you paid for the products or services in question.

12. Indemnification You agree to indemnify and hold Ponchocho, Duckee Designs LLC, its affiliates, and employees harmless from any claims, damages, or liabilities arising from your use of our website or violation of these Terms & Conditions.

13. Copyright Infringement If you believe that any content on our website infringes on your copyright, please contact us with the necessary details so that we may investigate and take appropriate action.

14. Termination Ponchocho reserves the right to terminate or suspend access to our Service at any time, without notice, for any reason, including if we believe you have violated these Terms & Conditions.

15. Governing Law These Terms & Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the courts located in Erie County, New York for any disputes related to these Terms.

16. Feedback and Suggestions By submitting feedback, suggestions, or comments ("Suggestions") to Ponchocho or Duckee Designs LLC, you grant us a perpetual, non-exclusive, royalty-free license to use, modify, and distribute the Suggestions for any purpose, without compensation to you.

17. Modifications to Website We may from time to time update, modify, or discontinue the website or any features without prior notice. Ponchocho is not liable for any changes or interruptions to the website’s availability.

18. Account Termination Ponchocho reserves the right to cancel or block your access to your account if we believe you have violated any part of these Terms & Conditions.

19. Entire Agreement These Terms & Conditions, together with any additional policies or rules provided on the website, constitute the entire agreement between you and Ponchocho (a brand of Duckee Designs LLC) with respect to the use of our Service.