Our Terms and Conditions of Sale

PREAMBLE
Please read these Terms and Conditions of Sale carefully. These Terms and Conditions of Sale govern your access to and use of this Site and the purchase of our products. By accessing or using this Site, you agree to be bound by these terms of use and by any additional terms, restrictions, or rules that may apply to specific sections or services on this Site. All such additional instructions, restrictions, or rules are therefore implicitly incorporated by reference into these Terms and Conditions of Sale[NM1]. Oshibori Concept International reserves the right to modify this Site and its Terms and Conditions of Sale at any time without prior notice. We advise you to review these Terms and Conditions of Sale each time you access this Site. The Customer acknowledges having read, at the time of placing an order on the website www.oshiboriconcept.com or by any other means (mail, telephone, email, etc.) with our company, these General Terms and Conditions of Sale (GTC) and expressly declares to accept them without reservation by checking the box provided for this purpose. These General Terms and Conditions of Sale constitute, in accordance with Article L 441-6 of the French Commercial Code, the sole basis of the commercial relationship between Oshibori Concept International and its Customer. Users of the site declare that they are familiar with and understand the Internet and its limitations, in particular its functional characteristics and technical performance, the risks of interruption, the response times for viewing, querying, or transferring information, and the risks, whatever they may be, inherent in any network connection. On the other hand, we strive as much as possible to keep our sites accessible 24 hours a day, 7 days a week, but are not bound by an obligation to do so. Access to our site may be interrupted, in particular for maintenance and updates or for any other reasons, including technical ones, without this engaging our liability. It is specified that sales made by OSHIBORI CONCEPT INTERNATIONAL are intended solely for professional buyers, excluding consumers.

DEFINITIONS
We: www.oshiboriconcept.com is a service provided by SARL Oshibori Concept International (with a capital of 52,000 euros), headquartered at 59, rue Boileau, 75016 PARIS, registered in the Paris Trade and Companies Register under number 519 041 446, which operates the website and provides all services. Oshibori Concept International is the publisher of the website www.oshibori-concept.com. Customer: any professional buyer, whether an individual or a legal entity, placing an order on the website www.oshiboriconcept.com (which they must verify with www.oshibori-concept.com) when placing an order on the Site, to the exclusion of any consumer. User: the Customer The Site: the website (including any modifications or updates) operated by Oshibori Concept International to provide the service, with the following Internet addresses: www.oshiboriconcept.com, (and any other Internet address chosen by Oshibori Concept International, as well as any other replacement site determined by Oshibori Concept International). Price: Our prices are calculated exclusive of taxes (VAT = 20%). The amount of invoices and quotes is to be increased by the amount of sales tax. Customers eligible for the reduced VAT rate must provide all necessary documentation. Our prices are increased according to the rates in effect when work is performed outside normal business hours, at the Customer’s request. Our goods are invoiced at the rates in effect on the day the order is placed, and, where applicable, as specified in the commercial proposal sent to the Customer. These rates are fixed and not subject to revision during their period of validity. These prices are net and exclude tax, ex-works. They do not include transportation, any customs fees, or insurance, which remain the Customer’s responsibility. Our prices are calculated based on your provision of professional-quality digital files. Your files must comply with standard printing specifications and adhere to the technical requirements regularly updated and available on the website www.oshiboriconcept.com.

ARTICLE I. ORDERS
s are placed on the website www.oshiboriconcept.com or directly with Oshibori Concept International by letter, fax, or email. A verbal order is accepted provided that documents equivalent to a purchase order are submitted; however, we reserve the right to request a written purchase order. The Customer’s purchase orders must clearly state: the company name, address, business activity, registration number in the commercial register, as well as express acceptance of these general terms and conditions of sale. Orders will only be processed once full payment of the price, including tax, has been received by the headquarters of Oshibori Concept International and the proof of payment has been validated (if applicable). We assume no responsibility in the event of improper execution of orders placed by telephone. No order for less than one carton will be accepted. Any changes requested by the Customer may only be considered, within the limits of OSHIBORI CONCEPT INTERNATIONAL’s capabilities and at its sole discretion, if they are notified in writing. In any event, modifications may only be accepted if they are notified to OSHIBORI CONCEPT INTERNATIONAL at least five (5) days prior to the scheduled delivery date, following the Customer’s signature of a new specific purchase order and any necessary price adjustment.

ARTICLE II. MANUFACTURING AND DELIVERY TIMES
Manufacturing and delivery times are provided for informational purposes only (a firm deadline must be expressly agreed upon with www.oshiboriconcept.com and be subject to written acceptance by our company), and failure to meet these deadlines shall in no case justify a cancellation, discount, or compensation, particularly in the event of strikes, fires, plant closures, or force majeure. Our goods are shipped at the Customer’s risk. Claims for delays, damage, or shortages must be noted upon receipt on the delivery note or reported to the carrier. Such claims will only be accepted if submitted via certified mail. Under no circumstances may disputes with carriers justify non-payment of invoiced goods. www.oshiboriconcept.com declines all responsibility for goods which, even if shipped free of charge, are always transported at the Customer’s risk.

ARTICLE III. INTELLECTUAL PROPERTY
The Customer is solely responsible for the completeness and accuracy of the files submitted to us for printing. The Customer’s submission of computer files releases us from liability in the event of errors. We are not obligated to check the professional files submitted by the Customer. As we are not subject to such an obligation, if we print files provided by the Customer that do not meet the criteria required for high-quality printing, no claim will be accepted (we print from your files, which must strictly comply with traditional printing standards and adhere to the technical requirements specified on the website www.oshiboriconcept.com. Any failure to comply with these mandatory rules is the Customer’s responsibility. Your files, the online proof, or the paper proof establish your responsibility for the content of the document. The Customer guarantees that they hold full copyright to the works appearing in the files. In the event that an order gives rise to a claim for infringement, it is formally stipulated that the Customer shall bear alone the potential costs of civil judgments and shall compensate our company for any amounts it may owe under such a claim. Since the files are provided by the Customer, www.oshiboriconcept.com undertakes only to reproduce the colors of the computer file provided as the production line reproduces them. The colors visible on your screen are not binding and will in no case be those reproduced on the printed documents (the same applies to prints made by you on an inkjet or laser printer). We print exclusively in CMYK mode (primary colors). If your files contain RGB images, they will be converted to CMYK (the reproduction of RGB colors always differs from CMYK images). In the case of reprints, even if the data is identical, these reprints can never be 100% identical.

ARTICLE IV. STORAGE AND ARCHIVING OF ORDERS
We reserve the right, but are under no obligation, to archive the files received. We assume no liability for any damage or loss, regardless of the cause. www.oshiboriconcept.com has no rights to the files transmitted by the Client.

ARTICLE V. RIGHTS REGARDING ORDER
www.oshiboriconcept.com reserves the right to refuse an order if the parts and files provided by the Customer do not meet the criteria required for high-quality printing, without entitling us to any compensation. We have the right, but not the obligation, to make the necessary changes to the files provided by the Customer that do not comply with the technical constraints indicated on the Site, particularly if these changes help meet the deadlines set for the completion of the order (CMYK conversions, application of a rotating white, adaptation of the document to the correct format, etc.). www.oshiboriconcept.com, also reserves the right to refuse an order if the Customer does not comply with our company’s ordering procedures. Failure by the Customer to comply with the ordering procedures (payment, technical constraints, grouping of orders, file naming, etc.) indicated on the Site releases us from any liability and precludes any claim. Author corrections will be billed separately. Any changes made to texts or photos, or to the layout of proofs produced, are considered author’s corrections and will be the responsibility of the Client. In the event of a party’s failure to comply with any of its obligations, the creditor may not request a reduction in the price, contrary to the provisions of Article 1223 of the Civil Code.

ARTICLE VI. USES
In accordance with standard practice, the quantities ordered will be delivered within a tolerance of 1% more or less. The ink shades and the quantities of substrate will only be guaranteed within the limits of the tolerances accepted in the printing industry. Furthermore, the Customer accepts that there may be variations in shade throughout a print run, as well as flaking or dry spots that may have escaped the operator’s notice on a few sheets. (This is why we always deliver a higher quantity to ensure the correct quantity in terms of quality). The Customer therefore accepts the presence of minor defects throughout the print run, invisible to the untrained eye, such as chips, slight variations in color, intensity, or cutting.

ARTICLE VII. TERMS OF PAYMENT
: Payment of our invoices is made by credit card, bank transfer, or check payable to Oshibori Concept International. The price is payable in cash upon ordering. OSHIBORI CONCEPT INTERNATIONAL will not apply any discount for cash payments, or for payments made within a period shorter than that stated in these General Terms and Conditions of Sale, or on the invoice issued by OSHIBORI CONCEPT INTERNATIONAL. In the event of a delay in the payment of our invoices beyond the date stated therein, late payment penalties will be invoiced under the following conditions: The calculation of penalties will begin on the second business day after the payment date indicated on the invoices. The calculation will end on the day of receipt of payment. The penalty rate is set at three times the legal interest rate. Payment of the penalty is due by check upon receipt of the penalty invoice. In the event of non-compliance with this last clause, the calculation of penalties will continue as if payment had not taken place, until payment of the penalty invoice. In the event of late or non-payment by the due date or refusal to accept a draft, the entire amount due becomes immediately payable, without formal notice or other formality. Payments are to be made to the registered office address. Acceptance of a draft does not constitute a waiver of this clause. In the event of payment by drafts, the costs of presenting them are the responsibility of the customer. In the event of late payment, the Customer will automatically be liable for a fixed compensation of 40 euros. Any late payment may also result in the suspension or cessation of deliveries of current orders and all legal measures of enforcement and/or recovery in order to obtain compensation for the damage caused to Oshibori Concept International by this delay. For invoices issued, at the request of a client, in the name of a third party, the client and the third party are jointly and severally liable for payment thereof and the fulfillment of the other obligations set forth in our general terms and conditions of sale.

ARTICLE VIII. CANCELLATION
. In the event that the Customer cancels the order after it has been accepted by OSHIBORI CONCEPT INTERNATIONAL, for any reason other than force majeure, the price paid for the order shall be automatically retained by OSHIBORI CONCEPT INTERNATIONAL and shall not give rise to any refund.

ARTICLE IX. CLAIMS
Complaints regarding the characteristics, quantity, or weight of the delivered goods, or their possible non-conformity with the packing slip, must be sent in writing to Oshibori Concept International at 59 Rue Boileau, 75016 Paris, within 3 days of delivery. Complaints must be sent by certified mail with return receipt requested. In the absence of a complaint within the applicable period and in the prescribed form, the Customer will be deemed to have accepted the goods without reservation, which will preclude any recourse. If the Customer notices a printing error, they may request, within a maximum period of eight days, the reprinting of the documents by registered letter with acknowledgment of receipt, provided that they return the goods to us with our consent (return shipments of any kind must be agreed upon in advance with us) or that the defective documents are made available to the carrier of www.Oshibori-concept.com if we decide to collect the goods ourselves. This right may only be exercised if all copies of the product are returned in their packaging, accompanied by a copy of the invoice and/or the delivery note. The return costs of our carrier will remain our responsibility only in the event of a manufacturing defect, as defined by industry standards in the graphic arts sector and recognized by www.oshiboriconcept.com. In the absence of prior written agreement from www.oshiboriconcept.com, any return of goods will be refused. In the event of a manufacturing defect recognized by www.oshiboriconcept.com, the latter reserves the right to reprint non-billable documents without any penalty being charged. If www.oshiboriconcept.com finds that the goods are compliant, the Customer must pay the return costs as well as the shipping costs necessary to send the documents within a maximum period of 20 days. After this period, the goods will be automatically destroyed without the Customer being able to claim a refund. Defects in part of the delivered goods do not give rise to a claim regarding the entire delivery and do not give rise to any claim if these defects fall within the industry’s standard tolerances and are linked to the technical constraints of the amalgam. Thus, a slight difference in color is not considered a defect. Similarly, differences in color compared to a previous order printed by www.oshiboriconcept.com are not considered a defect due to the technical constraints associated with the amalgam. Complaints based on the Customer’s failure to observe or comply with the instructions provided by www.oshiboriconcept.com for the proper execution of an order are inadmissible.

ARTICLE X. FORCE MAJEURE
Oshibori Concept International’s performance of all or part of its obligations shall be suspended in the event of a fortuitous event or force majeure that hinders or delays such performance. The following are considered as such, in particular, but not limited to: war, riots, insurrection, social unrest, and strikes of any kind. Oshibori Concept International will notify the customer of such a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues for more than fifteen days, the customer will then have the option to cancel the current order, and the customer will then be reimbursed under the conditions set forth in Article IX of these general terms and conditions of sale.

ARTICLE XI. LIABILITY
www.oshiboriconcept.com or Oshibori Concept International cannot be held liable for the use of its products. By placing an order, the Customer acknowledges that they have verified that the product they are ordering complies with all legal requirements regarding its use and is compatible with it. In the event that www.oshiboriconcept.com is found liable, its liability shall not exceed the value of the products or services sold. Products delivered by OSHIBORI CONCEPT INTERNATIONAL are covered by a two (2)-month warranty, effective from the date of delivery, covering any latent defect arising from a material, design, or manufacturing defect that affects the delivered products and renders them unfit for use. This warranty is limited to the replacement or refund of products affected by a defect. Any warranty is excluded in the event of misuse or negligence by the Customer, as well as in the event of normal wear and tear of the goods or force majeure. To assert their rights, the Customer must, under penalty of forfeiting any related claim, notify OSHIBORI CONCEPT INTERNATIONAL in writing of the existence of the defects within a maximum period of fifteen (15) days from their discovery. OSHIBORI CONCEPT INTERNATIONAL will replace products under warranty that are deemed defective. This warranty also covers shipping costs. Unless otherwise required by public policy, OSHIBORI CONCEPT INTERNATIONAL shall not be liable for any damage, of whatever nature, resulting directly or indirectly from the use or inability to use the products. In any event, the amount of compensation in the event that OSHIBORI CONCEPT INTERNATIONAL’s liability is called into question may not exceed an amount equivalent to the price of the product in question. Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the Party that is the victim of the breach may not request specific performance thereof. By express derogation from the provisions of Article 1222 of the Civil Code, in the event of a breach by either Party of its obligations, the Party that is the victim of the breach may not have the obligation performed by a third party at the expense of the defaulting Party.

ARTICLE XII. DISPUTES - APPLICABLE LAW - JURISDICTION
In the event of a dispute, jurisdiction is granted to the courts of our head office. The transfer of ownership of the goods to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said goods. Any clauses contrary to those set forth above are considered null and void. The mere act of placing an order or accepting an order confirmation implies the Customer’s agreement to the terms and conditions set forth above. The Customer, who declares and acknowledges having full knowledge of them, therefore waives the right to rely on any conflicting document and, in particular, its own general terms and conditions of purchase.