Terms Of Sales

Orish’Art Studio®

logo png

Preamble to the contract: Legal notice

Editor : Orish’Art Studio®
Business Number: 0656.546.478
Address : Rue Lucien Namêche 45, 5000 Namur BELGIUM

VAT Number : 0656.546.478 Orish’Art Studio® is subject to the “Special scheme of franchise for small business”.

Host : OVH – www.orishart.com et www.orishart.be

Secured Payment : SSL et 3D secure

Bank: Belfius Bank  IBAN:BE41 0636 2261 1410

CEO : Pierre-Yves Amani Lahaye

Customer Service
The Orish’Art Studio® customer service is available by mail at: customerservice@orishart.com.

Orish’Art Studio® undertakes the responsibility to respond within 2 calendar days.

For all your questions about our products, contact us by phone at: +32 (0) 471 31 54 46

or trough some of our social networks : Orish’Art Studio® is on Facebook, Tumblr and Linkedin

You can also refer to our  FAQ.

 

Article 1 – Object

By these general Terms of sales, Orish’Art Studio® is recognized as the exclusive and independent reseller (for BENELUX) of the artists it represents. Orish’Art Studio® is linked to its artists under contract, independently of one another. Orish’Art Studio® has the right to resell the original artwork and reproductions for which specific agreements have been established, that through its sites (www.orishart.com, www.orishart.be and all further extensions) and services. By a specific agreement Orish’Art Studio® is also entitled to make the rental and the leasing of artworks for which specific agreements have been established.

These general Terms of sale or provision of services apply, without limitation or qualification, to all the products and / or services offered for sale on www.orishart.com, www.orishart.be and all other redirections.

The fact that an individual  or legal person orders on the website www.orishart.com or www.orishart.be wins full acceptance of these terms of sale. They are accessible at any time on the Website and prevail, if any, on most versions and own terms of purchase from other sources or from the Customer.  

Article 2 – Arts 

The works are presented on the website with a description enabling the Buyer to know their essential characteristics and price. The works selected by Orish’Art Studio® are being delivered with a certificate of authenticity issued by the artist who is responsible for legal compliance and moral of this standard. 

Colors 

You understand and agree that Orish’Art Studio® make commercially reasonable efforts to display online the colors of the original artwork, digital work and jobs printed with the greatest possible accuracy on the Site and the Services. However, because of notorious hardware differences, computer screens may show significantly different colors. Orish’Art Studio® is not responsible for the color accuracy of original art, digital works or printed jobs posted on the Site and Services, and accepts no liability in this regard. 

Framing and chassis 

The works on sale on Orish’Art Studio® are sold on chassis and framed. For the sake of reducing costs of transport it can be possible that some works are sold without chassis and frames at the request of the buyer. It is therefore the responsibility of the buyer having made this request to redo the work on chassis. Orish’Art Studio® will not intervene in these costs. In this case, once put back on the frame by the purchaser by another service qu’Orish’Art Studio®, the buyer waives his right of withdrawal and cannot return the artwork or require reimbursement. 

Authentication  

Most of the works on sale on Orish’Art Studio® are accompanied by a certificate of authenticity that will be given to you after the transaction and attesting of its originality. This certificate is signed by the artist and the gallery or in some cases by a qualified expert.

Some works are sold without a certificate of authenticity. In this case the invoice you receive (which is systematically provided by Orish’Art Studio®) will serve as proof of purchase and authenticity in case of problems. By doing so, you will always be assured of the safety of buying a work on Orish’Art Studio®. We select our artists and partners for their reliability and the quality of their work and their values.

Article 3 – Prices

All prices  are indicated  in Euros €.

The current rates are expressed all tax included- excluding the shipping cost (Read more: Shipments and returns). Ordered works are charged at the prevailing prices at the time you register your order. Orish’Art Studio® reserves to itself the right to postpone any new tax and rate increases.

Article 4 – Taxes, the franchise system

In its current state of economic and commercial development, Orish’Art Studio® enjoys a “Special legal status of franchise for small business” as defined by Belgian law. As such, Orish’Art Studio® does not charge VAT to its customers. The “Special legal status of franchise for small business” is referred to in Article 56bis of the VAT Code of the belgian law. The Royal Decree No. 19 of 29 June 2014 relating to the franchise tax regime for small companies fixed the implementing rules.

Article  5 – Payment terms and methods

You must pay for all purchases as you order them, following the method of payment by credit card or, if you pay by bank transfer, with the bank details provided in the confirmation email of the order.

When you confirm your order by clicking on the button “validate information” you acknowledge having read and accepted all the general conditions of sale.

The payment of your purchases is made in Euros €. Several payment methods are possible:

  • By credit card: it is made online when ordering. Your bank details are encrypted during the transaction (SSL technology and 3D secure);
  • By bank transfer by following the instructions provided in the email confirmation of your order;
  • By Orish’Art Studio®’s gifts vouchers;
  • It is possible to choose a staggered payment in three installments at no charge.

 As Belgian law does not recognize bank checks, Orish’Art Studio® cannot accept payment through this means. 

If you choose to pay via our Orish’Art Studio®’s gifts vouchers, follow the payment method indicated on our website and be sure to indicate the correct number of your voucher. If extra charge is to be paid, an email will be sent directly including the settlement details of the amount payable. In case of difference to recover on your voucher, an email will be sent to you to ask you the account number on which it will have to be adjusted. Once these information recorded we’ll process your order as soon as possible. 

In any other case, when registering your order, an acknowledgment will be sent by email after confirmation of payment. We reserve the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The contract is concluded and the ordered products and/or artworks sent by Orish’Art Studio® upon confirmation of payment by the bank

Article 6 – Order Cancellation

Orish’Art Studio® reserves itself  the right to cancel any order of a work via its website if our services determine, in their sole discretion, that the transaction is in doubt, that it is a dispute over payment of a previous command, a sudden problem with the work itself or in any other case of “force majeure”. In case of cancellation by us, an email will be sent and you will be refunded the amount of your order.

In case of cancellation on the part of the buyer, it must be made, at the latest, within 24 hours after ordering. In case the order is canceled after this time processing fee may be levied by Orish’Art Studio®. In case the work has already been shipped, the cost of return will be charged to the buyer.

Article 7 – Shipments

Some works being sold by Orish’Art Studio® remaining at the usufruct of our artists, Orish’Art Studio® may have to check their availability and can lengthen the delivery time. Therefore, whatever the format, the period of transportation of works is from 4 to 20 open days. This period may vary depending on the country of destination. Delivery will be made to the address you indicated on the order form. (Read more: Shipping and Returns) In case the order is canceled by the buyer after the sending has been made, in case an address is incorrect or that a package is refused upon receipt, the cost of return will be charged to the Buyer.

Article 8 – Reserve upon receipt of the works, consumer law, withdrawal period and other claims

Consumer rights and right of withdrawal 

In accordance with legal provisions in force, If you, as a buyer, are established within the European Economic Area (Member States of the European Union plus Iceland, Norway and Liechtenstein), you have, at some conditions listed in the present Terms of sales listed below a right of withdrawal. For any purchase from a buyer that is not a member of the European economic area this right of withdrawal does not apply if not specified.

Reserve upon receipt of the works

You are responsible to list any failure or damages observed during products or works delivery and to issue a precise and detailed written grievance to the carrier, making clear also on the delivery bond that you refuse the delivery in order to benefit, if needed, from contracted insurance. It is necessary to transmit to Orish’Art Studio®, by mail or e-mail at customerservice@orishart.com, your written grievances, the list of damages and a copy of the delivery bond indicating the reserve at the latest within the 48 hours after delivery. In this specific case ONLY, for any purchase from a buyer that is not a member of the European economic area this right of withdrawal does apply. Return costs inside Belgium as from abroad, are fully borne by Orish’Art Studio®.

Hidden defects

Regarding to consumer law, the customer is supposed to have listed all damages and defects, other than those related to the nature of the work / product at its delivery. Thus, given the nature of the products sold, there is no right of withdrawal applicable in this case. Orish’Art Studio® will not refund any artwork/ product nor will we accept any return for hidden defects

Simple Withdrawal

Regarding to the right of withdrawal, if your artwork does not match your expectations, you have to contact by Orish’Art Studio® within the 24Hours after the reception of the work (the transporter stamp will serve as a proof) to  ask to exercise your right of withdrawal. Afterward, you have a period of 3 days from reception of the order to return the product in its original packaging and in identical conditions to those of its dispatch by Orish’Art Studio® . The price of the works will be refunded.  Return costs inside Belgium as from abroad, are fully borne by the buyer.

products and artworks on demand

Any article that has been made at the specific demand of the buyer and according to his taste and desiderata and for which no defect could be clearly attributed to Orish’Art Studio or its artists do not enjoy any right of withdrawal.

Chassis and frames

Any commissioned work delivered without chassis or frames at the request of the customer and which has been put back on frame cannot be returned to Orish’Art Studio the customer renouncing de facto by this manipulation to his right of withdrawal.

The return is to be made to Orish’Art Studio® – legal address – Rue Lucien Namêche 45, 5000 Namur Belgium. In the event that all the conditions are met, Orish’Art Studio® will refund you within 15 days after the return of the works / products. (Read more: Shipping and Returns)

Are all works returnable? 

Some works remaining the property of our partners artists cannot be returned once sold. These works are all final sales product and will be clearly identified as such on the website by a sticker and a verbal note. The buyer is assumed to have read this close and in any case the artists, the involved partners of Orish’Art Studio® or Orish’Art Studio® itself will  accept nor refund these returns. 

Other claims 

All other claims and / or disagreement from the  the client against the service must be made exclusively by email at customerservice@orishart.com, within 48 hours after the disagreement happened, under penalty of forfeiture.

Article 9 – Copyright, intellectual and industrial property

The artist remains the owner of the copyrights. The rights of representation and reproduction of the works presented on the sites www.orishart.com and www.orishart.be belong to their authors and/or to Orish’Art Studio®. Any reproduction in whole or part, for any purpose, including commercial, and on any media is prohibited. It is necessary to have their joint authorization for exploitation of these rights. Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties. All materials appearing on this site are protected by copyright laws, trademark and other rights of intellectual property. No reproduction and / or adaptation can be made without the authorization of Orish’Art Studio®. No mention or use of trademarks, trade names, acronyms, logos, designs or pictures on the Site may be made without our prior written consent.

Any reproduction or use of materials from our site and enterprise that are  not previously and expressly authorized constitutes an infringement and is subject to civil and criminal prosecution. Moreover, any uses contrary to morality and to the values of  Orish’Art Studio® cannot be object to any type of authorization.

Article 10 – Responsibility

When ordering from outside of Belgium: you are the importer of the concerned artworks/products. For artworks/products shipped outside the European Union, some taxes may be eligible. These rights and taxes are not within the purview of Orish’Art Studio®. They are your responsibility and will be at your expenses both in terms of import declaration and legal issues  and in terms of payments off all duty taxes to the authorities and all competent bodies in your country. The artworks are the sole property of Orish’Art Studio® or the artists it defends until full payment of the price is registered by our bank. 

Article 11 – Privacy, confidentiality, data security and cookies

Orish’Art Studio® respects your privacy. We do not collect data without your consent. The automated processing of personal data is made in strict respect of your right to privacy and under Belgian law. By confirming your order, you allow us to process your application. In accordance with the Law of 8 December 1992 (Belgian law), you can request changes or correction of your data but also require not to be included in our database by sending an email to: customerservice@orishart.com 

Data security 

To place an order, you are asked to provide certain information which will be the subject of data processing for the delivery of your orders. However in no case Orish’Art Studio® has access to confidential information relating to the payment means that the Customer uses. The personal information you provide to Orish’Art Studio® is stored on the secured servers of our host OVH (excluding bank data). Access to this information is protected and limited to operations recording and processing order, statistical operations enabling us to improve our services such as sending newsletters. Orish’Art Studio® ensures the safety of its customers by equipping itself with powerful tools and proceeding rigorously in terms of security and encryption of our clients payment. Orish’Art Studio® adopted for payment theWoo commerce solution, using the SSL encryption method (Secure Socket Layer) and the 3D Secure protocol, the best performing security systems currently available.

These methods ensure the protection and confidentiality of commercial transactions and information exchanged during a payment with a bank card by establishing an encrypted connection directly between the buyer and the bank. 

Although Orish’Art Studio® uses an encrypted security software regularly updated, the security of information and payments transmitted by the Internet or via e-mail cannot be guaranteed. Orish’Art Studio® cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay of transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Cookies

Cookies are files “text” sent by our site to your browser and stored on your computer. The www.orishart.com and www.orishart.be sites use cookies in the following cases: 

• facilitate your use of our shop recognizing you automatically. This only if you have indicated such a preference by checking the corresponding box. 

• allow you to check the contents of your cart until 90 days after your visit to our site. 

Cookies only take into account your actions on the sites www.orishart.com and www.orishart.be. It does not allow us to know, in any case, the other sites you have visited or are going to visit. You can delete your cookies. However, with each new entry you’ll do on the sites www.orishart.com and www.orishart.be a new cookie will be implemented.

How to delete the cookies with Internet Explorer ?

  1. In the “Tools” menu, select “Internet Options”
  2. In the “General” tab or “browsing history” click the “Delete Cookies” and click the validation button

How to delete the cookies with Firefox ?

  1. In the “Tools” menu, submenu “Internet Options”, select “Clear”
  2. Select “cookies” and click the validation button

How to delete the cookies with Google Chrome ?

  1. In the “Settings” menu select “History”
  2. Check the “Delete Cookies” then confirm

Article 12 – Amazon partnership

Orish’Art Studio® is a partner of Amazon as a library reseller. The general terms and conditions applying in the frame of this partnership are those of Amazon. Orish’Art Studio® provides its clients its customer service, available via customerservice@orishart.com for any question. However customers of our library are invited to contact the customer service via Amazon: Amazon customer service.

Article 13 – partial invalidity

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such under any law, any regulation or by a final decision of a competent court, other provisions shall remain in full force without this undermining the contract as a whole.

Article 14 – Disability, force majeure – applicable law and jurisdiction in any case of dispute

Orish’Art Studio® is committed to delivering a quality service to its customers.

If for any reason any provision of these terms and conditions should be declared inapplicable, or in the event that a dispute would be born from this contractual relationship, the user and/or client and Orish’Art Studio® agree that before any legal action they will seek a solution amicably. 

In case of dispute, such unenforceability shall not affect the application of other provisions of the General conditions. The deemed unenforceable closes then being replaced by the closest possible legal arrangement. 

Neither Orish’Art Studio®, nor his staff, nor the customer can be held responsible for any breach that would originate from a “force majeure” beyond their control, including, without limitation, acts of war , riot, insurrection, interruption of transport, import or export problems, strike, lockout, shortage, fire, earthquake, storm, of flooding. 

These general conditions are governed exclusively by Belgian law. In case of dispute, only the Courts of Brussels judicial district shall have jurisdiction.

Suggestions & feedbacks

Orish’Art Studio® welcome any criticism, comments and suggestions for the improvement of its services. You can submit your suggestions to customerservice@orishart.com. You acknowledge and agree that any and transmitted Suggestions will be the exclusive property of Orish’Art Studio® and you agree to assign and cede irrevocably all rights, title and interest in these suggestions, it including, without limitation, all patent rights, copyrights, trade secret rights and other intellectual property rights or similar, worldwide.

Contact Orish’Art Studio®

If you have questions about these terms of sale, please contact us via customerservice@orishart.com. 

PLEASE NOTE THAT THESE TERMS OF SALES ARE A TRADUCTION OF THE ORIGINAL TERMS OF SALES DOCUMENT OF ORISH’ART STUDIO®. THE ORIGINAL DOCUMENT HAS BEEN MADE IN FRENCH AND THUS, ONLY THE FRENCH VERSION IS FULLY ACCEPTABLE FOR ANY LEGAL INTERPRETATION.