01. Terms and Conditions

Please read these terms and conditions carefully before using Our Service. 

Access to the website www.annebarlinckhoff.com, including any of its content and platforms, for any purpose and in any capacity, requires the user's full acceptance and compliance with these Terms and Conditions. By using the website, the user confirms that they have read, understood, and agreed to these Terms. If the user has any reservations or disputes regarding any part of these Terms and Conditions, they acknowledge that they will no longer have the right to access the website, their user account, or any of its content.


02. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions:

— Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
— Country refers to: Netherlands
— Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Anne Barlinckhoff, Amsterdam, The Netherlands.
— Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
— Service refers to the Website.
— Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
— Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
— Website refers to Anne Barlinckhoff, accessible from www.annebarlinckhoff.com
— You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


03. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


04. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


05. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.


06. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or result in a fine if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


07. Purchases

If you decide to purchase any product or service offered through our website ("Purchase"), you may be required to provide certain information relevant to your purchase. For details on how we handle your information, please refer to our  Privacy Policy.


08. Quality of Photographs/Artworks and Apparel

We strive to ensure that the photographs/artworks and apparel displayed on our website accurately represent the final product you will receive. However, please be aware that the colors of your purchased prints/artworks or apparel may differ slightly from what you see on your computer screen. This is due to variations in screen calibration and the fact that screens are backlit, which can affect the brightness and overall appearance of images.

As a result, while we make every effort to provide accurate visual representations, we cannot guarantee that the colors and brightness of the final product will match exactly what you see online. The Company cannot be held accountable if the product does not meet your personal expectations in terms of color, brightness, or any other visual aspect that may differ from the online representation.


09. Return Policy

We are unable to accept returns for apparel orders. This decision is in accordance with Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. As stipulated in this directive, the right of withdrawal may not be provided for certain categories of goods, specifically "the supply of goods that are made to the consumer's specifications or are clearly personalized.


10. Responsibility for Third-Party Shipping Companies

For international shipments that are routed through a third-party shipping company, please be aware that once the package has been transferred to the third-party carrier, any loss, damage, or delivery issues that occur are the sole responsibility of the customer. Anne Barlinckhoff will not be liable for any such issues after the package has been handed over to the third-party shipping company. It is the customer's responsibility to address any claims or concerns directly with the third-party carrier.


11. Copyright 

All images and texts are copyrighted and owned by Anne Barlinckhoff. Under no circumstances shall these digital files, images, videos and texts be used, copied, displayed or pulled from this site without the expressed written agreement of Anne Barlinckhoff. For more information read our imprint.


12. Intellectual Property Rights and Ownership 

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: 

1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

2. in respect of the social media platforms (Twitter, Instagram, Facebook) that are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.


13. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


14. Governing Law

The laws of the Netherlands will govern these Terms and your use of our services, regardless of where you access our website or purchase our products. This means that any legal issues related to our website, services, or products will be handled according to Dutch law.

In the event of any legal disputes, they will be settled in the courts under the jurisdiction of the Court of Appeal of Amsterdam, Netherlands. This applies unless there are other mandatory laws that cannot be waived, which might require a different approach.


15. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


16. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the Netherlands/United States government embargo, or that has been designated by the Netherlands/United States government as a "terrorist supporting" country, and (ii) You are not listed on any the Netherlands/United States government list of prohibited or restricted parties.


17. Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.


18. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


19. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


20. Contact Us

If you have any questions about these Terms and Conditions, You can contact us via info@annebarlinckhoff.com