Conditions d’utilisation
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded between you and us as the provider (Ponycap.de – the Infinitii LTD) via the website ponycap.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we submit a binding offer to conclude a contract under the conditions stated in the product 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 your personal details as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system as the payment method (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be directed to the order overview page in our online shop or first redirected to the website of the respective instant payment provider.
If you are redirected to the instant payment system, you make the appropriate selection or enter your data there. You will then be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all details again, change them (also via the “back” function of your internet browser), or cancel the purchase.
By submitting the order via the “buy” button, you legally declare acceptance of the offer, thereby concluding the contract.
(4) Order processing and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.
§ 5 Choice of Law
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
the Infinitii LTD / PonyCap
Email: support@ponycap.co.uk
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at: https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which are to be borne by you. Costs incurred for money transfers are also to be borne by you if delivery is made to an EU member state but payment is initiated outside the European Union.
5.4. The payment methods available to you are indicated via a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery time, and any existing delivery restrictions can be found via a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company or another person designated to carry out the shipment that has not been named by the entrepreneur.
7. Statutory Warranty Rights
Warranty rights are governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by lawyers specializing in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.