Last Updated: 3/07/2024
1 Terms
1.1 These Website Terms and Conditions of use (the Terms) sets out your rights and responsibilities when you use this website https://shop.penko.com (the Site). By accessing or using the Site (even if it is just browsing on our websites), you are agreeing with these Terms and the documents referred to in them.
1.2 If you do not agree with or accept any of these Terms, you should stop using the Site immediately. Applicability of terms and conditions other than these terms and conditions is expressly rejected by us.
1.3 If you have any questions about these Terms or the Site, please contact us via our Customer Help Desk webpage at https://penko.com/ContactPenko/
1.4 Definitions
|
(a) Content |
means all material published by Penko (including but not limited to text, images, video, audio or other multimedia content, advertisements, trademarks names, software or other information or material) on the Site; |
|
(b) Penko |
means Penko Engineering B.V.; |
|
(c) Terms and Conditions of Sale
|
If you are a consumer [in the European Union], means the thuiswinkel terms and conditions accessible at www.thuiswinkel.org and if you are not a consumer, means the terms and conditions of the FHI accessible at https://penko.com/support/terms/; |
|
(d) Site |
has the meaning given to it in clause 1.1; |
|
(e) Terms |
means these Terms and Conditions of use as updated from time to time under clause 9; |
|
(f) We |
means Penko Engineering B.V., its subsidiaries and affiliated companies and us or our shall have the same meaning). References to we, our and us in these Terms also includes our group companies from time to time; and |
|
(g) You |
means the person accessing or using the Site or its Content (and your shall have the same meaning). |
1.5 Your use of the Site means that you must also comply with our Privacy Policy which sets out the terms on which we process any personal data we collect from you or that you provide to us, our Terms and Conditions of Sale and our Cookie Policy which sets out the information about cookies on our Site, where applicable.
2 Using the Site
2.1 If you use the Site as an individual, you agree to use it solely for personal purposes. If you use the Site on behalf of a legal entity, you represent that you are an authorised representative of such legal entity and you agree to use the Site for commercial purposes only.
2.2 You are solely responsible for:
2.2.1 all costs and expenses you may incur in connection with your use of the Site; and
2.2.2 keeping your password and other account details, if applicable, confidential.
2.3 If you choose to access the Site from locations outside of the permitted jurisdictions where we do not offer our products or services, you are responsible for compliance with local laws where they are applicable.
2.4 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
2.5 You will not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Nor will You use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You will not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.
2.6 We may prevent or suspend your access to the Site if you do not comply with these Terms, our Terms and Conditions of Sale, any policies to which they refer or any applicable law.
3 Your Privacy and Personal Information
3.1 Your privacy and personal information are important to us. Any personal information you provide to us will be handled in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, what your rights are in relation to your personal information and how to contact us in case you have a query or complaint about the use of your personal information.
3.2 Our Privacy Policy is available on our Site at https://penko.com/privacy/.
4 Ownership, Use and Intellectual Property Rights
4.1 The Site and all Intellectual Property rights, including any Content are owned by us or our licensors. Unless stated otherwise, all content on our Site such as logos, brand names, images, design, text, graphics, button icons, audio and video clips, photographs, and written and other Content that appear on our Site are trademarks, service marks, trade dress, copyright and/or other intellectual property whether registered or unregistered worldwide (Intellectual Property) owned, controlled or licensed by Penko. Nothing on our Site should be construed as granting, by implication or otherwise, any license to use any Intellectual Property displayed or used on our Site, without prior written permission of the Intellectual Property owner. Any unauthorized use, including reproduction, modification, distribution, republishing, transmission, display, or performance, without the prior written permission of Penko, is strictly prohibited.
4.2 We reserve all of our rights in any intellectual property in connection with these Terms. This means that we remain owners of them and free to use them as we see fit.
5 Accuracy of Information and Availability of the Site
5.1 While we aim to ensure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee it will be. The Site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
5.2 The Content on the Site serves solely for your general information purposes only and to inform you about us and our products and news, features, services and other Sites that may be of interest. It should not be considered as technical, financial or legal advice or any other form of advice and should not be relied on for any purposes.
5.3 To maintain the accuracy of information, we reserve the right to update or amend information from time to time, to the extent permitted by applicable law, without notice, including, without limitation information regarding our policies, products and services. Therefore, it's essential to verify all information before making decisions based on it. You bear sole responsibility for such decisions, and we assume no liability for them.
5.4 While we strive to offer excellent service, we do not guarantee uninterrupted availability of the Site and we do not guarantee that any order will be executed, accepted, recorded whilst accessing the Site.
5.5 We do not provide any warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any liability for the acts, omissions and conduct of third parties in connection with your use of the Site. You are solely responsible for your use of the Site and any linked sites.
6 Hyperlinks and Third Party Sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience and to provide further information only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we recommend that third party’s website, products or services. Your use of a third party website is entirely at your own risk. We do not accept any liability for the content, use and availability of hyperlinks or third party’s websites referred to.
7 Limitation of our Liability
In no event will we be liable to you (whether under contract, tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Site for any direct, indirect, consequential, exemplary, incidental or punitive damages, business losses, loss of reputation or goodwill, or loss or corruption of information or data.
8 Rights of Third Parties
No one other than a party to these Terms has any right to enforce any of these Terms.
9 Variation
We may revise these Terms from time-to-time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. You are responsible for periodically reviewing these Terms to ensure you are aware of any changes.
10 Legal Disputes
These Terms, its subject matter and its formation are governed by Dutch law. Your use of this Site and any dispute arising out of such use of the Site and these Terms are subject to the exclusive jurisdiction of the courts of The Netherlands