1. APPLICATION AND INTERPRETATION

These general terms and conditions alone govern all contractual relations between Open Creativity (hereafter referred to as “Isaro ») and the purchaser. The general and special conditions of the purchaser are not enforceable with respect to Isaro. Acceptance of the order form shall automatically mean acceptance of these general terms and conditions. Only the special conditions specified in the contract or agreed in writing between the parties may depart from them.

Depending on the context and except in the event of a stipulation to the contrary,  the term “purchaser” in these general conditions shall be interpreted as also meaning any prospect, buyer, customer, consumer or any party entering into an agreement with Isaro;  the term “contract”  purchase through Internet, sales, delivery or any agreement between the parties;  the term “product(s)” also as any color, art and painting products, items, packaging, boxes and other accessories or products manufactured, offered and/or supplied by Isaro.

2. ORDERS AND CONFIRMATIONS

Any specification and data contained in Isaro’s product information, brochure, price lists or any document or a web site are given for information only. Product specification and prices can be modified at any time without prior notice.
Offers are valid within the limits of the available stock. Isaro has the right to cancel or terminate any order in case that Isaro is not able anymore to perform the order upon the agreed terms and conditions. In case an order cancelled was already paid by the purchaser, the non delivered products (partially or entirely) will be reimbursed.

The purchaser – solely if he is a non professional consumer – has the right to notify to Isaro that he renounces to his order, without any penalty and without any motive, within 7 working days following the delivery date of the ordered product(s). The purchaser shall return the products intact with its original intact packaging. The costs to return the products shall be borne by the purchaser. Isaro has the right to refuse the returned products and to refund them only partially if the packaging has been opened or modified or if the products has been damaged due to mishandling or to negligence of the purchaser. 

3. PRICE AND PAYMENT

Prices shall be paid in Euro and include the Belgian VAT. This VAT represents 21%.
Payments will be directly performed online at the time of each order through the secured system Paypal or Hipay via bank card such as VISA / MasterCard/Bancontact. Cash with order is neither accepted.


4. DELIVERY

Isaro shall deliver the products at the latest within 10 days from the receipt of the order, except in case of force majeure or in case that Isaro is out of stock.
The purchaser commits to be present at the place and at the time agreed for delivery of the products. He shall remain reachable on his phone or mobile in order to be contacted by the carrier if needed. In case the purchaser would be absent, would refuse or would delay reception of the products, the purchaser shall pay the price due in accordance with the terms and conditions initially agreed in the contract, and shall bear all costs caused by his refusal or delay, such as storage or transport costs

5. CONFORMITY AND WARRANTLY

Isaro reserves the right to make changes in specifications of the products without prior notice or agreement as long as such changes do not affect the quality or performance of the product.As soon as the products at the purchaser’s disposal, the purchaser shall inspect carefully the products and shall immediately raise, in writing and within eight (8) calendar days following the availability of the products, any relevant and precise complaint on any apparent defect or problem of conformity (notifying the number and date of the order). After such period of eight (8) days, any apparent defect will be considered to be definitively accepted by the purchaser. In any case, the purchaser may not refuse the products for minor or futile reasons.

Any complaint shall be sent to Isaro in writing to isabelle.roelofs@isaro.be 


6. USE AND HANDLING OF THE PRODUCTS

The purchaser acknowledges that the products :
- are meant for art and painting only. They shall not be ingested or used for any other purposes.
- are fragile items that must be handled delicately and must stored in a dry and clean area and in temperature between 5° Celsius  and 22° Celsius.  

7. FORCE MAJEURE

Isaro is not liable for the non-performance of any one of their contractual obligations when this non-performance is due to a force majeure event.

8. APPLICABLE LAW AND COMPETENT JURISDICTION

This contract shall be governed by and constructed in accordance with the laws of Belgium .
Any disputes relating to the contract and these general terms and conditions shall be settled by the courts of Nivelles. Nevertheless, in case the purchaser is a non-professional consumer and if the law imposes another jurisdiction in such case, this imposed jurisdiction shall be competent.