GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
1. APPLICATION AND INTERPRETATION
These general terms and conditions of sale exclusively govern all contractual relations between the company Open Creativity SPRL (hereinafter referred to as “Isaro”) and the customer. The customer’s general or specific terms and conditions are not enforceable against Isaro. The conclusion of any contract between the parties automatically entails the customer’s acceptance of these general terms and conditions. Only the specific conditions indicated in the contract or agreed upon in writing between the parties may derogate from them.
Depending on the context and unless otherwise stipulated, the term “customer” in these conditions shall also be interpreted as any prospect, buyer, consumer, or any party entering into a contract with Isaro; the term “contract” as order form, online order, sales contract, delivery, or any other agreement between the parties; and the term “product” as any color or painting product, item, packaging, box, or accessory manufactured, offered, and/or marketed by Isaro.
2. ORDER
Any specification or data contained in product sheets, brochures, price lists, and other documents or on the website is provided for information only. Product specifications and prices may be changed at any time without prior notice.
Offers are valid while stocks last. Isaro reserves the right to cancel any order if it is no longer able to fulfil it under the agreed conditions. If the cancelled order has already been paid for by the customer, the undelivered products (in whole or in part) will be refunded.
The customer, only if they are a non-professional consumer, has the right to notify Isaro of their withdrawal from the purchase, without penalties and without justification, within 7 working days from the day following the delivery of the product(s).
The customer must return the product(s) intact and in their original, unopened packaging. Return costs are borne by the customer.
Isaro reserves the right to refuse returned product(s) or to issue only partial refunds if the packaging has been opened or altered, or if the product shows damage resulting from handling or negligence by the customer.
Special orders involving or not involving custom manufacturing are considered firm and final after acceptance of the quotation. They cannot be returned.
3. PRICE AND PAYMENT TERMS
Prices are expressed in euros and include Belgian VAT at 21%.
For online sales, shipping fees are indicated in the customer’s shopping cart and on the order summary page. Products are shipped via carrier or Belgian postal services.
For deliveries to countries outside the European Union, shipping costs will be calculated. VAT (21%) is not due, but customs fees are borne by the customer.
Isaro reserves the right to modify prices in case of changes in VAT rates, typographical errors, increases in production or raw material costs, or changes in legal or administrative constraints of any kind.
Payments must be made online at the time of order via secure systems (PayPal or HiPay) using Visa / Mastercard / Bancontact, or by bank transfer.
Cheques are not accepted as a payment method. Cash-on-delivery shipments are also not available.
4. DELIVERY
Isaro will ship the products within a maximum of 6 days from receipt of the order, except in cases of force majeure or stock shortages.
The customer agrees to take all necessary steps to receive the order. If the customer refuses or delays receipt of the products, they remain liable for payment under the original terms.
5. CLAIMS
The buyer must check the conformity, quantity, and quality of the goods upon receipt. Claims relating to conformity are accepted only if they are reported immediately by the buyer—and no later than eight (8) days after receipt—by email, and provided the goods are kept available for Isaro to inspect. Inspection may be carried out via photos.
If a conformity claim is deemed justified, the buyer is entitled to a refund of the goods.
Isaro cannot be held responsible for normal wear, lack of maintenance, or improper use of the products. Any claim regarding invoice content is only valid if submitted in writing within eight (8) days from the invoice date.
6. USE AND HANDLING OF PRODUCTS
The customer is aware that the products:
are intended solely for art and painting purposes. They must not be ingested nor used for any other purposes or applications;
are fragile and must be handled carefully and stored in a clean, dry place at a temperature between 5°C and 22°C.
7. FORCE MAJEURE FOR ISARO
If, due to an event of force majeure or circumstances beyond Isaro’s control, it becomes impossible to fully or partially fulfil the order, Isaro may dissolve the order entirely or partially and issue refunds until the force majeure situation ends, without any compensation owed to the customer.
Circumstances considered force majeure are those which, under law or commonly accepted social practices, are not attributable to our will or fault.
8. REPACKAGING – PRIVATE USE AND RESALE
Watercolors, gouaches, and oil paints manufactured by Isaro may be freely used, transformed, transferred, or placed into pans by customers for strictly personal and non-commercial use.
However, any operation involving transferring, dividing, repackaging, or modifying the presentation of the products for resale, including in the form of pans, half-pans, quarter-pans, or dot cards, is strictly prohibited without prior written authorization from Isaro.
In the event of unauthorized repackaging for commercial purposes, the reseller becomes solely responsible for the product placed back on the market, including its preservation, stability, quality, consumer information, and compliance.
Any harm to the image, aesthetics, or presentation of the products may result in liability for commercial damage and unfair competition.
9. USE OF THE BRAND AND ORIGIN
Any mention of the ISARO brand, name, or visual identity on packaging other than the original is prohibited without prior written authorization.
Any presentation likely to create confusion about the origin of the packaging or implying approval or endorsement by ISARO is strictly prohibited.
10. WITHDRAWAL PERIOD
Withdrawal period of at least 14 days as provided for in Article L221-18.
11. APPLICABLE LAW AND JURISDICTION
The rights and obligations of the parties are governed exclusively by Belgian law.
Any dispute arising from the contract or from these general terms and conditions of sale must be brought before the courts of Nivelles.
However, if the customer is a consumer (non-professional) and if a legal provision requires jurisdiction of the consumer’s place of residence, the competent court will be the one mandated by law.