Legal notice

Disclaimer

The use of our website always goes hand in hand with some rights and obligations. These are defined in our Terms of Sale, in our Privacy Policy, in our Cookie Statement, and in the present Disclaimer (together, the “Terms and Conditions”).

The Terms and Conditions apply both to us, PENDA, as to you, the user. By using our website, you expressly acknowledge and accept the exclusive application of our Terms and Conditions and you expressly renounce your right to invoke your own terms and conditions.

We may deviate from these Terms and Conditions in some exceptional situations, but only to the extent that the deviations are accepted by each party and stated explicitly in writing. These deviations only replace or supplement the clauses to which they relate. They shall not affect the application of any other provisions of these Terms and Conditions.

1. Who we are

The website https://www.penda.brussels (hereafter: the “Website”) is an initiative of:

PENDA BV
Minnezang 10,
3210, Linden
Belgium
VAT BE 0694.748.543  

1. Our Website

2.1 Proper functioning, safety, and accessibility

You can rest assured; we offer a user-friendly Website that is safe for every user. We take all reasonable and necessary measures to ensure the proper functioning, safety, and accessibility of our Website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.

Any use of the Website is entirely at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.

We have the right to restrict and/or interrupt fully or partially the access to our Website, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered. 

2.2 Content on our Website

We largely determine which content is available on our Website. We apply great care in this respect and make every effort to provide high-quality information. We, therefore, take all necessary steps to keep our Website as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our Website.

Despite our considerable attention, we are not able to guarantee the quality of the information available on our Website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages which the user may suffer as a result of the information on our Website.

We ask you to notify us as soon as possible if you notice the content on our Website violates applicable laws and/or third-party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.

Our Website contains content that can be downloaded. You understand and agree that every download from our Website is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.

2.3 What we expect from you as a user

The user bears some responsibility for the way we offer our Website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Website or on its use. For example, the Website cannot be used to circumvent our business model and/or to gather information from other users.

It is therefore forbidden to distribute content via our Website that (may) damage(s) other users of the Website. We may think at the spread of malicious software, computer viruses, malware, worms, trojans, and cancelbots. The proliferation of unsolicited and/or commercial messages via the Website, such as junk mail, spam and chain letters, is also targeted.

We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The user is solely responsible for all actions exerted on the Website that cause damages to the Website and/or to other users. If this occurs, the user has the obligation to keep PENDA harmless and indemnified from all claims that may arise.
 

1. Links to other websites

Our Website may contain or provide hyperlinks or pointed to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our Website by framing or other methods. Such a reference being made on our Website does not mean that there is any connection between our Website and these third-party websites nor that we (implicitly) agree with the content of those sites.

We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on our Website or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

These external websites do not offer the same guarantees as we do. We, therefore, recommend you carefully read the terms and conditions and privacy statements of these other websites.
 

1. Intellectual Property Rights

Creativity deserves protection; so does our Website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. PENDA and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, etcetera. This content is protected by copyright, software rights, database rights, designs and models rights, and other applicable (intellectual property) rights. The technical nature of our Website is protected by copyright and by the rights of software and databases. Each trade name that we use on our Website is protected by trademark law.

Each user receives a limited right to access, use and display our Website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner. PENDA attaches great importance to its intellectual property rights and has taken all possible measures to ensure its protection. We will take legal actions against any infringement of existing intellectual property rights.

1. Processing of personal data

The personal information you provide is necessary for a good service. Entering incorrect or false personal data is considered a violation of our Terms and Conditions. User’s personal data are exclusively processed in accordance with the applicable Privacy Policy which can be consulted via our Website.

1. General provisions

We reserve the right to change, limit or discontinue our Website and related services at any time and to any extent. We may do so without noticing the user. This does not give rise to any form of compensation.

These Terms and Conditions shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to the services of PENDA shall come under the jurisdiction of the competent court of the judicial district Brussels.

If a provision of these Terms and Conditions is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).

Feel free to contact us should you have further questions or remarks. We promise to reply soon! 

Cookies

1. Cookies

A cookie is a small text file that is placed on the hard disk of your computer or mobile device when you visit a website. The cookie is placed on your device by the website itself ("first party cookies") or by partners of the website ("third party cookies"). The cookie identifies your device by a unique identification number when you return to the website and collects information about your browsing behavior.

There are different types of cookies. We distinguish the following cookies according to their purposes: there are essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies)

The Belgian Act concerning the Electronic Communication of 13 June 2005 contains some provisions about cookies and the use thereof on websites. The Belgian implementation is deduced of the European e-Privacy Directive, which implies that the cookie usage and the cookie legislation is regulated differently in every European country. PENDA is a Belgium-based webshop and therefore follows the Belgian and European legislation on cookies.

1. Goals and utilities of cookies

By using the website, the visitor may agree to the use of cookies. Cookies help PENDA to optimize your visit to the website and to provide you with an optimal user experience. However, you are free to delete or restrict cookies at any time by changing your browser settings (see "Management of cookies").

Disabling cookies can have an impact on the functioning of the website. Some of the site's features may be restricted or inaccessible. If you decide to disable cookies, we cannot guarantee you a smooth and optimal visit to our website.  

1. Types of cookies used by PENDA

We distinguish the following types of cookies, according to their purposes:

• Essential / Strictly necessary cookies: 
  These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set up in response to your actions, such as setting up your privacy preferences, logging in or filling in forms. They are necessary for good communication and they facilitate navigating (for example, returning to a previous page, etc.).
• Non-essential cookies: 
  These cookies are not necessary for the website to function, but they do help us to offer an improved and personalized website.
• Functional cookies:
  These cookies enable the website to offer improved functionality and personalization. They can be set up by us or by external providers whose services we have added to our pages.
• Analytical cookies:
  With these cookies, we can track visits and traffic so that we can measure and improve the performance of our site. They help us to determine which pages are the most and the least popular and how visitors move through the site.
• Targeting/advertising cookies:
  These cookies can be set by our advertising partners via our site. They can be used by those companies to create a profile of your interests and show you relevant ads on other sites. 

You can choose to opt-out the Google Analytics Advertising Features by Google Analytics' currently available opt-outs for the web.

We use two types of cookies, namely our own functional cookies and cookies of carefully selected partners with whom we cooperate and who advertise our services on their website.

First Party Cookies:

Domain name: penda.brussels

Third-party cookies:

Domain name: google-analytics.com

Domain name: google.com             

Domain name: facebook.com                     

Carefully read our Privacy Policy for more information concerning the processing of personal data by PENDA

1. Management of cookies

Make sure that cookies are enabled in your web browser. If you want to consult the website of PENDA, it is recommended you enable cookies. However, you are free to disable cookies in your browser settings if you wish to do so.

To enable or disable cookies, you must change your browser settings (via the "preferences" or "options" tab). The following links will give you more information on how to manage your cookies. You can also consult the "Help" tab of your browser.

• How to delete and manage cookies in Internet Explorer
• How to delete and manage cookies in Mozilla Firefox
• How to delete and manage cookies in Chrome
• How to delete and manage cookies in Safari 

You can change or delete your cookie settings at any time.
On our GDPR page, you will find options to:

• Revoke consent of your cookie settings.
• Request access to your data collected.
• Request your data to be updated.
• Ask all your data to be erased.

1. Rights of the visitors

Since cookies may constitute a processing of personal data, you as a data subject have the right to the lawful and secure processing of personal data. More information about the way in which we collect and process your personal data, as well as about your rights, can be found in our Privacy Statement.

1. Contact

Should you still have questions or comments about cookies after reading this Cookie Statement, you can always contact us via info@penda.brussels.