General Terms and Conditions of Sale (GTC)

1. Purpose and scope

These General Terms and Conditions of Sale (hereinafter ‘GTC’) govern all remote sales concluded via the website https://www.paulmarnef360.com/

 (hereinafter ‘the Website’), between:

The Seller:
ISOWAY srl

2 avenue du 14 Juillet, 1325 Corroy-le-Grand, Belgium
VAT No.: BE0753.688.911
Email: p.marnef@isoway.eu
Telephone: +32 477 37 44 31

and

The Customer: any individual or legal entity making a purchase via the Website.

By confirming an order, the Customer acknowledges that they have read the Terms and Conditions and accept them without reservation.

2. Products – Fine art prints

The Website offers fine art photographic prints (hereinafter ‘Products’) for sale, which may be available in limited editions, with various finishes (e.g. fine art print, mounting, ChromaLuxe, framing/shadow box, etc., as specified on the Product pages).

The images, descriptions, formats and colour renderings are presented with the utmost care. However, the appearance may vary depending on:

  • the calibration of the Client’s screen,
  • the nature of the media and printing processes,
  • any technical constraints specific to partner studios or laboratories, where applicable.

These variations shall not constitute grounds for non-compliance, within the reasonable limits of the sector.

3. Availability – Limited editions

Products are available while stocks last or, where applicable, within the limits of the announced edition.

In the event of unavailability after an order has been placed, the Seller shall inform the Customer as soon as possible and offer:

  • or a refund,
  • or an equivalent solution (with the Client’s consent),
  • or a postponement of the deadline (with the Client’s consent).

4. Prices – Taxes – Charges

The prices displayed on the Website are shown in euros (€), [including VAT], excluding delivery charges, unless otherwise stated.

Delivery and packaging costs (and, where applicable, insurance, customs duties outside the EU and local taxes) are specified before the order is finally confirmed.

The Seller reserves the right to change its prices at any time. The price charged is that in force at the time of the order.

5. Commission – Process

The Customer places an order online via the Website. The order is deemed to be binding when:

  1. the Customer has confirmed the basket and the necessary details (delivery, billing, options, etc.);
  2. the Client has accepted the Terms and Conditions;
  3. payment has been confirmed.

A confirmation email is sent to the address provided by the Customer. The Seller advises the Customer to keep this confirmation.

6. Customisation – Made-to-order production

Certain works are produced to order or can be personalised (format, finish, framing, numbering, signature, etc.).
In such cases, the customer acknowledges that the order initiates a dedicated production process.

–> Important consequence (see Article 10): Products made to the Customer’s specifications may be excluded from the right of withdrawal.

7. Payment

Payment is made online via the methods offered on the Website: credit card, Bancontact, bank transfer, PayPal, Stripe, etc…

The order may be suspended or refused in the event of:

  • default on payment,
  • suspected fraud,
  • previous payment incident.

The Seller retains ownership of the Products until full payment has been made.

8. Delivery – Lead times – Transfer of risk

The Products are delivered to the address provided by the Customer.

Delivery areas: Belgium / Europe / Worldwide
. Estimated delivery times: 7–15 working days depending on finish. Delivery times may vary depending on production/transport and periods of high demand.

The transfer of risk takes place:

  • for a consumer customer: upon receipt of the Products by the Customer (or the designated third party),
  • unless otherwise required by law.

The Customer undertakes to check the condition of the parcel upon delivery and to report any issues (damaged parcel, damaged product) as soon as possible and no later than 48 hours afterwards, providing supporting photographs, in order to facilitate the process with the carrier.

9. Compliance – Statutory warranty

The Seller is bound by the statutory guarantees applicable in Belgium, in particular:

  • the statutory guarantee of conformity for consumers (where applicable, depending on the nature of the Client),
  • the warranty against hidden defects under the conditions laid down by Belgian law.

In the event of a Product that is clearly non-compliant or damaged on delivery, the Customer must contact the Seller at p.marnef@isoway.eu, describing the problem and attaching evidence (photographs, order number).

10. Right of withdrawal (distance selling)

10.1 Principle (consumers)

If the Customer is a consumer (a natural person purchasing for non-business purposes), they generally have a period of 14 calendar days from receipt of the Product to exercise their right of withdrawal, without having to give a reason for their decision.

10.2 Exceptions – Personalised / made-to-order products

In accordance with the rules applicable to distance selling, the right of withdrawal does not apply to the following Products:

  • produced to the Client’s specifications,
  • clearly personalised,
  • made to order (e.g. choice of format, specific finish, bespoke framing, dedicated numbering/signature, etc.).

Where the Product ordered falls within this category, this is deemed to have been accepted by the Customer at the time of ordering.

10.3 Returns policy (where the right of withdrawal applies)

If the right of withdrawal applies:

  • The Client must inform the Seller of their decision before the deadline expires (by email to p.marnef@isoway.eu).
  • The Customer shall return the Product, at their own expense, within 14 calendar days of notification.
  • The Product must be returned in its original condition and with suitable packaging.

A refund will be issued following receipt and inspection of the returned Product, via the same payment method, unless otherwise agreed.

11. Returns – Refunds – Exchanges

Unless there is a proven case of non-conformity or damage attributable to transport (as confirmed by reports), Products that are personalised or made to order cannot be returned or exchanged.

In the event of a confirmed issue (compliance/transport), the Seller may offer:

  • replacement,
  • restoration where relevant,
  • reimbursement,

whichever is most appropriate.

12. Intellectual property

The photographic works (images, series, titles, texts and graphic elements) presented on the Website are protected by copyright and remain the intellectual property of their author and/or the Seller.

The purchase of a fine art print does not confer any right of reproduction, representation, distribution, commercial exploitation or modification of the work, unless prior written agreement has been given.

13. Liability

The Seller shall not be held liable for:

  • resulting from the improper use of the Products,
  • indirect damages (loss of business, non-pecuniary loss, etc.) to the extent permitted by law,
  • reasonable variations in colour reproduction due to screens and printing processes (see Article 2.

14. Force majeure

The Seller shall not be held liable in the event of non-performance or delay due to a force majeure event (e.g. transport strikes, fire, natural disaster, supply disruption, major breakdown, etc.).

15. Personal data

Personal data collected in connection with an order is used for:

  • order management,
  • invoicing,
  • delivery,
  • after-sales service.

They are processed in accordance with the applicable regulations (GDPR).

For further information: link to our privacy policy.

16. Applicable law – Competent jurisdiction

These Terms and Conditions are governed by Belgian law, to the extent permitted by the rules of private international law and mandatory consumer protection provisions.

In the event of a dispute, only the courts within the jurisdiction of the Company’s registered office shall have jurisdiction.

17. Contact

For any enquiries regarding an order or the Products:

Email: p.marnef@isoway.eu
Address: ISOWAY srl, 2 avenue du 14 Juillet, 1325 Corroy-le-Grand, Belgium