Terms and Conditions

Our general 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 governed by these terms of use and by any additional indications, restrictions or rules that may be placed in relation to specific sections or services on this Site. All such additional indications, restrictions or rules are therefore implicitly incorporated by reference into the current 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 reread 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 site 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 Client. Users of the site declare that they know and understand the Internet and its limits, in particular its functional characteristics and technical performances, the risks of interruption, the response times for consulting, querying or transferring information, the risks, whatever they may be, inherent in any connection on the network. On the other hand, we strive as far as possible to keep our sites accessible 7 days a week and 24 hours a day but are not bound by an obligation to achieve this. Access to our site may be interrupted in particular for reasons of maintenance and updating or for any other reasons, in particular technical, without this engaging our responsibility. It is specified that the sales made by the company OSHIBORI CONCEPT INTERNATIONAL are intended only for professional buyers, excluding consumers.

DEFINITIONS
We: www.oshiboriconcept.com is a service offered by SARL Oshibori Concept International (with a capital of 52,000 Euros) and whose head office is located at 59, rue Boileau, 75016 PARIS registered in the Paris trade and companies register under number 519 041 446, which operates the site and provides all services. Oshibori Concept International is the publishing company of the Site www. Oshibori--concept.com. Customer: any professional buyer, natural or legal person placing an order on the site www.oshiboriconcept.com, (which he must justify to www. Oshibori-concept.com) 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 in order to provide the service and whose Internet addresses are: 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 excluding taxes (VAT = 20%). The amount of invoices and quotes is to be increased by the amount of taxes on turnover. Customers who are eligible for the reduced VAT rate must provide all necessary justifications. Our prices are increased according to the rates in force when the work is carried out outside normal working hours, following the Customer's requirements. Our goods are invoiced at the rates in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Customer. These rates are firm and not subject to revision during their period of validity. These prices are net and excluding tax, ex-works. They do not include transport, any customs fees and insurance which remain the responsibility of the Customer. Our prices are calculated on the basis of your provision of professional quality computer files. Your files must comply with traditional printing standards and respect the technical constraints regularly updated and present on the site www.oshiboriconcept.com.

ARTICLE I. ORDERS
They are placed on the website www.oshiboriconcept.com or directly with Oshibori Concept International by letter, fax, or e-mail. A verbal execution order with delivery of documents with the value of a purchase order, but we reserve the right to request a written purchase order. The Customer's purchase orders must indicate precisely: the company name, address, industrial or commercial profession, registration number in the trade register as well as express acceptance of these general terms and conditions of sale. Orders will only be taken into account once full payment of the price including tax has been sent to the head office of Oshibori Concept International and the proof has been validated (if applicable). We decline all responsibility in the event of poor execution of orders by telephone. No order for less than one carton will be accepted. Any changes requested by the Customer may only be taken into account, within the limits of OSHIBORI CONCEPT INTERNATIONAL's possibilities 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 before the scheduled delivery date, after signature by the Customer of a new specific purchase order and possible price adjustment.

ARTICLE II. MANUFACTURING AND DELIVERY TIMES
Manufacturing and delivery times are given as an indication (a firm deadline must be expressly agreed with www.oshiboriconcept.com and be the subject of written acceptance by our company) and their non-observance can in no case justify a disregard, a discount or compensation, in particular in the event of strikes, fires, station closures and force majeure. Our goods travel at the risk and peril of the Customer. Claims for delays, damage or shortages must be made upon receipt on the delivery note or to the carrier. These will only be accepted in the event of sending by registered letter. In no case can disputes with carriers justify non-payment of invoiced goods. www.oshiboriconcept.com declines all responsibility for goods which, even if sent free of charge, always travel at the risk and peril of the Customer.

ARTICLE III. INTELLECTUAL PROPERTY
The Customer is solely responsible for the completeness and accuracy of the files that he sends us for printing. The provision of computer files by the Customer releases us from liability in the event of errors. We are not subject to an obligation to check the professional files submitted by the Customer. Not being subject to such an obligation, if we print files provided by the Customer that do not meet the criteria required for quality printing, no claim will be possible (we print from your files which must imperatively comply with traditional printing standards and respect the technical constraints indicated on the website www.oshiboriconcept.com. Any failure to comply with these imperative rules is the responsibility of the Customer. Your files, the online proof or the paper proof engage your responsibility for the content of the document. The Customer guarantees that he has full copyright on the works appearing in the files. In the event that an order gives rise to an action for infringement, it is formally stipulated that the customer will bear alone the possible cost of civil convictions and will compensate our company for any sums it may owe under such an action. Since the files are provided by the Customer, www.oshiboriconcept.com only undertakes to reproduce the colours of the computer file provided as the production line reproduces them. The colours visible on your screen are not contractual 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 only print in CMYK mode (primary colour). If your files contain RGB images, they will be converted to CMYK (the reproduction of RGB colours is always different from CMYK images). In the context of reprints, even if the data is the same, these reprints can never be 100% identical.

ARTICLE IV. STORAGE AND ARCHIVING OF ORDERS
We have the right, but not the obligation, to archive the files received. We decline all responsibility in the event of damage or loss for whatever reason. www.oshiboriconcept.com has no rights to the file transmitted by the Customer.

ARTICLE V. RIGHTS ON THE 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 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, in particular if these changes contribute to meeting 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 makes any claim impossible. Author corrections will be invoiced in addition. 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 custom, the quantities ordered will be delivered within the limits of a tolerance of 1% more or less. The ink shades as well as the quantities of support will only be guaranteed within the limits of the tolerances admitted in the printing sectors. Furthermore, the Customer accepts that there will be variations in shade throughout a print run, a flake or a dry spot that may have escaped the operator's supervision on a few sheets. (This is why we always deliver a higher quantity in order to deliver the right quantity in terms of quality). The Customer will therefore admit the presence of minor defects throughout the print run, invisible to the uninformed user, such as chips, slight variations in color, intensity or cutting.

ARTICLE VII. TERMS OF PAYMENT
Payment of our invoices is made by credit card, by transfer, or by check payable to Oshibori Concept International. The price is payable in cash upon ordering. No discount will be applied by OSHIBORI CONCEPT INTERNATIONAL for cash payment, or 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 compared to the date stated therein, late payment penalties will be inviced 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 3 times the legal interest rate - payment of the penalty is due by cash check upon receipt of the overdraft 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 of a due date or refusal to accept a draft, the entire amount due becomes imperatively payable, without formal notice or other formality. Payments are made to the registered office address. Acceptance of a draft does not deviate from 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 constraint 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 execution of the other commitments provided for in our general terms and conditions of sale.

ARTICLE VIII. CANCELLATION
In the event of cancellation of the order by the Customer after its acceptance by OSHIBORI CONCEPT INTERNATIONAL, for any reason other than force majeure, the price paid for the order will be automatically acquired by OSHIBORI CONCEPT INTERNATIONAL and may not give rise to any reimbursement.

ARTICLE IX. CLAIMS
Complaints regarding the characteristics, quantity, weight of the delivered goods, or their possible non-conformity with the shipping note, must be sent in writing to Oshibori Concept International at 59 Rue Boileau, 75016 Paris, within 3 days of delivery. Complaints must be made by registered letter with acknowledgement of receipt. In the absence of a complaint within the applicable period and in the prescribed forms, the Customer will be deemed to have accepted the goods without reservation, which will prohibit any recourse. If the Customer notices a printing problem, he may request, within a maximum period of eight days, the reprinting of the documents by registered letter with acknowledgement of receipt, provided that he returns the goods to us with our agreement (return shipments of any kind must be agreed 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 can only be exercised if all copies of said 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 according to the rules of use 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 claimed. 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 on a part of the delivered goods do not give rise to a claim on the entire delivery and do not give rise to any claim if these defects are part of the tolerances of the trade 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, is not considered a defect due to the technical constraints linked to the amalgam. Complaints based on the non-observance and non-compliance by the Customer of the instructions given by www.oshiboriconcept.com for the proper execution of an order are inadmissible.

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

ARTICLE XI. LIABILITY
www.oshiboriconcept.com or Oshibori Concept International cannot be held responsible for the use of its products. The simple fact of placing an order implies that the Customer has ensured that the product he orders complies with the legal requirements concerning its application and is compatible with it. In the event that the liability of www.oshiboriconcept.com is recognized, it cannot exceed the value of the products or services sold. The products delivered by OSHIBORI CONCEPT INTERNATIONAL benefit from a warranty of two (2) months, from the date of delivery, covering any hidden defect, arising from a material, design or manufacturing defect affecting the products delivered and making 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 in the event of normal wear and tear of the goods or force majeure. In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform 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 deemed defective. This warranty also covers transport costs. Unless otherwise provided by public policy, OSHIBORI CONCEPT INTERNATIONAL will not be liable for the occurrence of any damage, of whatever nature, resulting directly or indirectly from the use or the inability to use the products. In any event, the amount of the compensation in the event that OSHIBORI CONCEPT INTERNATIONAL's liability is called into question may not exceed an amount equivalent to the amount of the product in question. By way of derogation from 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 default may not request forced execution 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 default may not have the obligation itself performed by a third party, at the expense of the defaulting Party.

ARTICLE XII. DISPUTES - APPLICABLE LAW - COMPETENT 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 benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said goods. Any clauses contrary to those inserted above are considered null and void. The mere fact of placing an order or accepting order confirmation implies the Customer's agreement to the conditions set out above. The Customer, who declares and acknowledges having perfect knowledge of them, therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase.