Dear Customers,
Please read these Terms and Conditions carefully. They are publicly accessible through the website www.ponki.eu and are provided in a manner that allows their storage and reproduction.
These Terms and Conditions govern the relations related to the conduct of electronic commerce, within the meaning of the ECA, between the service provider “PONKI INTERNATIONAL” Ltd, with its registered office and business address at: Aytos, postal code 8500, 2 Dyado Stoyno Street, registered in the Commercial Register of the Registry Agency under UIC 207874189, represented by Enis Elmaz Esad - Manager, with an operational address at Aytos, postal code 8500, 2 Dyado Stoyno Street, national contact phone: 0896 863 660, email: contact@ponki.eu, hereinafter referred to as “PONKI.EU” or “www.ponki.eu”, on the one hand, and on the other hand, the recipient(s) of the services (referred to as “User(s)”), whose services are provided through the domain: www.ponki.eu, hereinafter referred to as the “Site”.
1. General provisions
Acceptance of these Terms and Conditions is mandatory in order to use the services of the online store www.ponki.eu, referred to as the Site.
Acceptance of them constitutes the conclusion of a contract between you, hereinafter referred to as the User, and www.ponki.eu, hereinafter referred to as the Administrator, on the basis of which you have the right to use the services of the Site. These terms and conditions entitle you to use the services of the Site for non-commercial purposes.
The Administrator reserves the right, at its sole discretion, to modify these Terms and Conditions, and such modifications shall be effective and binding on all Users from the time of their posting on the ponki.eu website. By accepting these General Terms and Conditions, you are bound by any subsequent changes to them, and you undertake to comply with them.
2. Subject matter and scope of the terms and conditions
(1) These General Terms and Conditions are accessible to any visitor by being published in a prominent place on www.ponki.eu and govern:
- the conditions of use of the website www.ponki.eu by Users of the goods and services offered by it;
- the terms, conditions and methods of purchase and sale transactions between the Administrator and the Users of the Website, as well as their rights and obligations under the concluded transactions, the terms and methods of delivery, payment and the procedure for returning or exchanging the purchased goods.
(2) Acceptance of the General Terms and Conditions by the Users of the Site is a mandatory condition for concluding transactions with the outlets registered on the Site and for making delivery of the ordered goods. If the Users have not accepted the General Terms and Conditions, the Administrator is not obliged to enter into legal relations and carry out transactions with them.
(3) These General Terms and Conditions are accepted by ticking the box "I have read and agree to the General Terms and Conditions" within the registration procedure or placing an order by Users and guests of the Site.
By checking the box, the User declares that he/she has read and accepts the General Terms and Conditions by making an electronic statement within the meaning of the Electronic Document and Electronic Signature Act.
3. Limitation of liability
All goods offered on the Site are based on data and information obtained from the merchants whose products are offered on the Site. Therefore, we cannot guarantee and shall not be liable if the data provided on the Site is incomplete, outdated or incorrect.
The Site ponki.eu shall not be liable if an ordered product is not delivered to the User by the respective outlet or the delivered product is not of the expected quality, due to reasons beyond the control or which cannot be attributed to the Administrator. In these cases, the User must seek liability and compensation directly from the relevant outlet.
The Site ponki.eu is not responsible for the consequences and possible damages that result from force majeure, accidental events, Internet problems, technical or other reasons for access, use or inability to access the Site.
The Administrator shall not be liable for any damages resulting from postings, opinions and comments under the products on the Site, including damage to the health of Users as a result of such.
In the event of security measures being overcome and subsequent loss or dissemination of information, access or restriction of access to information and other similar consequences, the Administrator shall not be liable.
The Administrator shall not be liable for the damages and consequences in the event of false identification of a third party posing as the User. In case of suspected intrusion into the customer account, each User must immediately report to the Administrator.
4. Confidentiality
The site ponki.eu protects the personal data of Users provided when filling in the electronic registration forms. The Administrator may use the personal data only for the acceptance and execution of orders or for contacting Users in case of any cases related to the order. Provision of personal data is only possible when information is requested by public authorities or persons authorized by law.
At the User's request, his/her customer account, together with all related information, may be deleted from the database.
The Administrator shall take the appropriate measures to protect personal data in accordance with the Personal Data Protection Act.
By accepting the General Terms and Conditions, the User agrees that his/her personal data will be processed for the purposes of collecting statistical information on the Site's traffic, preparing internal analyses and statistics, as well as for the purposes of direct marketing of ponki.eu.
You consent to receive advertising messages from us to your email, mobile phones, push notifications or notifications posted on the Platform. You agree that all agreements, notices, disclosures and other correspondence that we provide to you electronically will be deemed to be in writing.
By accepting these Terms and Conditions, the User consents to receive commercial communications within the meaning of the E-Commerce Act.
5. Purchase
All purchases made on the Platform are your obligation to purchase the item you have ordered. If you are the buyer of an item and your order is accepted by the seller, you are obligated to fulfill the terms of the transaction with the seller. In the case of the sale of items that are available for retail sale on the marketplace, sellers using the Platform are free to decide whether or not to set a regular retail market price for the items they sell.
6. Complaints / Dispute Resolution
In accordance with applicable legislation, we are obliged to inform consumers about the existence of the European Online Dispute Resolution (ODR) platform, which can be used to resolve disputes without the need for court intervention. The European Commission is responsible for establishing this platform. You can access the European Online Dispute Resolution platform here: https://ec.europa.eu/odr.
Claims, Warranty, and Order Cancellation
Claims
Claims for apparent defects must be submitted within 30 days after the purchase of the goods, while claims for hidden defects must be submitted upon their discovery, but no later than the warranty period. How to return
Warranty
The commercial warranty period for products is 30 days. In the case of detachment and/or a defect that can be repaired, and only if the issue is not due to improper use, footwear items will be repaired within 30 days and returned via courier at the supplier’s expense.
In compliance with consumer rights and the Consumer Protection Act, it is important to note:
Article 112 (1): In the event of a discrepancy between the consumer goods and the sales contract, the consumer has the right to submit a claim, requesting that the seller bring the goods into compliance with the sales contract. The consumer may choose between having the goods repaired or replaced, unless this is impossible or the chosen form of compensation is disproportionate compared to the other.
Article 113: When consumer goods do not comply with the sales contract, the seller is obliged to bring them into compliance within one month from the consumer's claim. If this period is exceeded, the consumer has the right to terminate the contract and request a refund or a price reduction.
Article 114: If the consumer is not satisfied with the resolution of the claim, they may choose between contract termination with a refund or a price reduction. The seller must provide a refund if the same item has undergone three repairs for the same issue within the warranty period and still does not comply with the contract.
Article 115: Consumers can exercise their rights under this section within two years from the delivery of the goods. This period is suspended during the time required for repairs, replacements, or dispute resolution between the seller and the consumer.
If the product received does not match the desired size, the consumer has the right to return the item for a refund. However, the costs of returning and re-shipping are at the consumer’s expense.
If the ordered item does not conform to the sales contract and the consumer is not satisfied with the claim resolution, they have the right to either terminate the contract and request a refund or demand a price reduction. The consumer cannot claim a refund or price reduction if PONKI.EU agrees to replace the item with a new one or repair it within one month of the complaint. PONKI.EU will process contract termination and refund the paid amount via bank transfer to the consumer if three claims for the same product have been fulfilled through repairs within the warranty period and a new defect occurs. The consumer cannot terminate the contract if the non-compliance is minor.
Order Cancellation
Under Article 50 of the Consumer Protection Act, a consumer who qualifies as a consumer under the CPA has the right to withdraw from a distance contract without providing a reason and without incurring any costs, except for those provided in Articles 54 (3) and 55 of the CPA, within 14 days from the date of:
Receiving the goods by the consumer or a third party (other than the courier).
The right of withdrawal can be exercised only if the following conditions are met:
The purchased goods must be in their original packaging, without signs of use or damage, and accompanied by all documents received with the product, in accordance with Article 55 of the Consumer Protection Act.
The return shipping costs from the consumer to PONKI.EU are at the consumer’s expense. How to return
PONKI.EU will refund the amount paid for the returned item via courier within 14 working days from the date the company receives the package.
If the consumer exercises their right to withdraw from the distance contract, they must return the goods to the seller or an authorized representative without undue delay and no later than 14 days from notifying the seller of their decision to withdraw. The deadline is met if the consumer returns the goods before the 14-day period expires. If a consumer returns a product purchased from www.ponki.eu via a courier company, the refund will be processed via bank transfer after the package has been inspected, and a report has confirmed that the returned goods comply with the specified requirements. If the goods do not comply, they will be returned to the consumer at their expense.
PONKI.EU guarantees compliance with all applicable consumer rights laws and regulations.
7. Card payments
We accept payment with Visa (Visa Debit, Visa Electron, Visa Credit), V PAY, MasterCard (Mastercard Debit, Mastercard Credit, Maestro), Borica (Bcard).
After finished your purchase, you will be redirected to the secure portal BORICA, to make an online payment..
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