Terms and Conditions
Throughout the site, the terms “we”, “us” and “our” refer to Sjoukje Bierma.
Sjoukje Bierma offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our address for correspondence is Kanaalstraat 149-a 2, Amsterdam, The Netherlands.
Our Dutch Chamber of Commerce (KvK) number is 34376676 and our VAT (BTW) registration number is 106276384B02 .
1. Online store terms
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services to you.
2. General conditionsWe reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, completeness, and timeliness of informationWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to the service and pricesPrices for our products are subject to change without notice.
However, limited edition prints of Sjoukje Bierma fashion illustrations will never be subsequently presented for sale at a discount (e.g. if you purchase edition number 3 of a series of 10 for €500, then editions 4 – 10 will never be offered for sale for less than €500).
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. ProductsSjoukje Bierma fashion illustration prints are available exclusively online through the Sjoukje Bierma Illustrations website. These prints have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our giclée prints. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6. Accuracy of billing and account informationWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7. Passing of propertyWe will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
8. RiskRisk in the products will pass to you on delivery to you.
9. AcceptanceUpon receipt of the products you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email us.
Your statutory rights are not affected.
10. Cancellations and returns proceduresPlease note that if, for any reason, you wish to return a product bought from us you may cancel your order within three (3) days after delivery (starting the day after you receive the products). To exercise this right you must give us notice by email before the end of the three day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us.
Should you wish to cancel your order before it has been dispatched, please email us. Please provide your customer order number and the date of your order in this email.
Orders are generally processed promptly so we may have already dispatched your order. If this is the case, once you receive the prints you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return:
Returns – Step 1.Email us within the above time limits. Please provide full details of the customer order number and the prints which are being returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limits shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned prints which have been damaged or personalized. Specifically, prints which have been damaged during your handling of them (with fingerprints, smudges, etc.) can not be refunded, so please read and follow the Handling and Framing guidelines before you unpack your print.
Returns – Step 2.Once you have contacted us and have a returns number, please complete the Returns Form we have provided, including a brief description of the print(s) being returned, original customer order number and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns – Step 3.Please repackage the print in the same way we packaged it originally (please use clean, dry hands, avoid touching the front of the print and take care not to use adhesive tape on the print itself; instead, use the tape on the acid-free lining paper or protective archive sleeve).
If you have questions please send us an e-mail – we will be happy to advise.
Return the print(s), properly and securely packaged, to the following address by recorded delivery:
Sjoukje Bierma Illustrations, Kanaalstraat 149a-2, Amsterdam 1054XD, The Netherlands.
You must take reasonable care to ensure that the returned print(s) are received by us and are not damaged in transit, bearing in mind the nature and value of the package.
Please note that we accept no liability if you return prints by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Sjoukje Bierma Illustrations accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used.
Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form and the original dispatch note which was included in the delivery to you.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns – Step 4.After the returned items have arrived at our address, they will be examined and the appropriate refund will be calculated as follows:
If there is an error on our part or because any print is damaged or defective, you are entitled to reject the products and we will refund you:
the price you paid for the products which you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the average per item delivery charge); and
the return recorded delivery costs for the return carriage of the product from the original delivery point to us (provided that you provide us with a copy of a valid till receipt indicating such return recorded delivery costs).
In all other instances, if you return prints in accordance with our above returns procedures then we will refund you the price you paid for the print(s) that you have returned to us, but we will not refund the initial delivery charge or the return delivery costs for the return carriage of the products to Sjoukje Bierma.
Please note that we cannot accept returned prints that are not in their original condition and in their original packaging. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns – Step 5.We will process the returned print(s) and any applicable refund within 5 working days after our receipt of the prints.
We will notify you by email when your refund has been processed.
We will refund any such applicable refund by crediting your credit/debit card (as applicable).
Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
11. Intellectual Property
All content available on the website and/or forming part of or on the products depicted or made available by means of the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Sjoukje Bierma and is protected by international copyright and other similar laws.
The names “Sjoukje Bierma” and “Sjoukje Bierma Illustrations” as well as the Sjoukje Bierma monogram, displayed on the website and/or forming part of or on the products depicted or made available by means of the website (collectively, the “Trade Marks”) are the registered and unregistered marks of Sjoukje Bierma and are protected by international trade mark and similar laws.
All illustrations displayed on this website and / or forming part of or on the products (i.e. including the images on the actual prints themselves) remain the intellectual property of Sjoukje Bierma and are protected by international copyright and other similar laws. This means you may not reproduce any image on the print, even if you own that print, either digitally or by any other means. Specifically, you may not scan, photocopy, or otherwise reproduce the print, or element of the print, for any purpose, without our prior written consent.
Except as set forth in the Limited Licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the website or any of the products depicted or made available by means of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
12. Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal, non-commercial use of images on the website. For the avoidance of doubt, this licence does NOT relate to reproduction of the actual prints, which is expressly prohibited for any purpose without our prior written consent (see Section 11).
Images on the website can be used to promote the sale of the print only and must not be edited or manipulated in any way.
Sjoukje Bierma must be credited as the image originator in any use of images.
- frame or utilise framing techniques to enclose the website or any portion thereof without our prior written consent;
- modify or download the website or its contents (except caching or as necessary to view content); make any use of the website, the products depicted or made available by means of the website or their content other than personal, non-commercial use;
- create any derivative work based upon either the website, the products depicted or made available by means of the website or their content;
- collect account information for the benefit of another party;
- create any hypertext link to any part or parts of the website;
- use any meta tags or any other “hidden text” or use our name or the Trade Marks without our express written consent; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Without prejudice to any other remedy provided by applicable law:
- any unauthorised use by you of the Website or contrary or in breach of these Terms and Conditions terminates the limited licence set forth in this section;
- you must not use the website in any way that causes, or is likely to cause, the website or access to it be interrupted, damaged or impaired in any way;
- you must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, offensive, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning, or annoys, inconveniences or causes any needless anxiety.
13. Optional toolsWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
14. Third-party linksCertain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
16. Errors, inaccuracies and omissionsOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. Prohibited usesIn addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
18. Disclaimer of warranties; Limitation of liabilityWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sjoukje Bierma Illustrations, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19. IndemnificationYou agree to indemnify, defend and hold harmless Sjoukje Bierma Illustrations and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. SeverabilityIn the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. TerminationThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. Entire agreementThe failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
23. Governing lawThese Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
24. Changes to Terms & ConditionsYou can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.