Our Terms and Conditions

PREAMBLE
Please read these Terms and Conditions carefully. These Terms and Conditions govern your access to and use of this Site, as well as the purchase of our products. By accessing or using this Site, you agree to be bound by these Terms and Conditions and by any additional terms, restrictions, or rules that may apply to specific sections or services of this Site. All such additional instructions, restrictions, or rules are therefore implicitly incorporated by reference into these General Terms and Conditions of Sale[NM1]. Oshibori Concept International reserves the right to modify this Site and its General Terms and Conditions of Sale at any time without prior notice. We recommend that you review these General 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 website acknowledge that they are familiar with and understand the Internet and its limitations, including its functional characteristics and technical performance, the risks of interruption, response times for viewing, querying, or transferring information, and any risks inherent in connecting to the network. Furthermore, we strive to the best of our ability to keep our websites accessible 24 hours a day, 7 days a week, but are under no obligation to do so. Access to our website may be interrupted, particularly for maintenance and updates or for any other reasons, including technical ones, without this giving rise to any liability on our part. It is specified that sales made by OSHIBORI CONCEPT INTERNATIONAL are intended solely for professional buyers, to the exclusion of consumers.

DEFINITIONS
We: www.oshiboriconcept.com is a service provided by Oshibori Concept International, LLC (with capital of 52,000 euros), headquartered at 59, rue Boileau, 75016 PARIS, registered with 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) placing an order on the Website, excluding any consumer. User: the Customer The Site: the website (including any modifications or updates) operated by Oshibori Concept International for the purpose of providing the service, with the following web addresses: www.oshiboriconcept.com, (and any other web address chosen by Oshibori Concept International, as well as any other substitute site determined by Oshibori Concept International). Prices: Our prices are calculated exclusive of taxes (VAT=20%). The amount of invoices and quotes is subject to an additional charge for sales tax. Customers eligible for the reduced VAT rate must provide all necessary documentation. Our prices are subject to a surcharge based on current rates when work is performed outside normal working hours, at the Customer’s request. Our goods are invoiced at the rates in effect on the date the order is placed and, where applicable, as specified in the specific commercial proposal sent to the Customer. These rates are firm and non-negotiable during their period of validity. These prices are net and exclude VAT, ex-works. They do not include transportation, any customs duties, or insurance, which remain the responsibility of the Customer. Our prices are calculated based on your provision of professional-quality digital files. Your files must strictly comply with traditional printing standards and adhere to the technical specifications, which are regularly updated and available on the website www.oshiboriconcept.com.

ARTICLE I. ORDERS
Orders may be placed on the website www.oshiboriconcept.com or directly with Oshibori Concept International by mail, fax, or email. A verbal order accompanied by documents serving as a purchase order is accepted; however, we reserve the right to request a written purchase order. The Customer’s purchase orders must clearly indicate: the company name, address, industrial or commercial activity, commercial registry number, and 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 at the headquarters of Oshibori Concept International and the final proof has been approved (if applicable). We accept no liability for any errors in the fulfillment of orders placed by telephone. No order for less than one carton will be accepted. Any modifications requested by the Customer may be considered, subject to the capabilities of OSHIBORI CONCEPT INTERNATIONAL and at its sole discretion, only if they are notified in writing. In any event, changes 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 them shall under no circumstances justify a waiver, discount, or compensation, particularly in the event of strikes, fires, station closures, or force majeure. Our goods are shipped at the Customer’s risk. Claims for delays, damage, or missing items must be made upon receipt on the delivery note or with the carrier. Such claims will only be accepted if submitted by registered mail. Under no circumstances may disputes with carriers justify non-payment of invoiced goods. www.oshiboriconcept.com disclaims all liability for goods which, even when shipped carriage paid, always travel at the Customer’s own 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 digital files releases us from liability in the event of errors. We are under no obligation to review the files submitted by the Customer. Since 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 claims 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 www.oshiboriconcept.com website). Any breach of these mandatory rules is the responsibility of the Customer. Your files, the online proof, or the paper proof make you responsible for the content of the document. The Customer guarantees that they hold all copyrights to the works contained in the files. In the event that an order gives rise to a copyright infringement claim, it is expressly stipulated that the Customer shall bear sole responsibility for any civil judgments and shall indemnify our company for all amounts it may be required to pay as a result of such a claim. Since the files are provided by the Customer, www.oshiboriconcept.com undertakes only to reproduce the colors of the provided digital file as the production line renders them. The colors visible on your screen are not binding and will in no way be those reproduced on the printed documents (the same applies to prints you produce yourself 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 is always different from CMYK images). In the case of reprints, even if the data is the same, 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 we receive. We assume no liability for any damage or loss, regardless of the cause. www.oshiboriconcept.com holds no rights to the files submitted by the Customer.

ARTICLE V. RIGHTS REGARDING THE ORDER
www.oshiboriconcept.com reserves the right to refuse an order if the materials and files provided by the Customer do not meet the criteria required for high-quality printing, without this giving rise to any right to compensation. We have the right, but not the obligation, to make necessary modifications to files provided by the Customer that do not comply with the technical requirements specified on the Site, particularly if such modifications contribute to meeting the deadlines for order fulfillment (CMYK conversions, application of a bleed, adaptation of the document to the correct format, etc.). www.oshiboriconcept.com also reserves the right to refuse an order if the Customer fails to comply with our company’s specific ordering procedures. The Customer’s failure to comply with the ordering procedures (payment, technical requirements, order consolidation, file naming, etc.) indicated on the Website releases us from any liability and renders any claim impossible. Author’s corrections will be billed separately. All changes made to texts or photos, or to the layout on established proofs, are considered author’s corrections and will be at the Client’s expense. In the event of a breach by either party of any of its obligations, the creditor may not request a reduction in price, contrary to the provisions of Article 1223 of the Civil Code.

ARTICLE VI. STANDARD PRACTICES
In accordance with standard practice, the quantities ordered will be delivered within a tolerance of plus or minus 1%. Ink shades and substrate quantities will be guaranteed only within the tolerances accepted in the printing industry. Furthermore, the Customer accepts that there may be variations in shade throughout a print run, as a smudge or a dry spot may have escaped the operator’s attention on a few sheets. (This is why we always deliver a larger quantity to ensure the correct quantity in terms of quality.) The Customer therefore accepts that minor defects, invisible to the untrained eye—such as specks, slight variations in color, intensity, or cutting—may be present throughout the print run.

ARTICLE VII. PAYMENT TERMS
Payment of our invoices may be made by credit card, bank transfer, or check payable to Oshibori Concept International. The price is payable in full at the time of order. OSHIBORI CONCEPT INTERNATIONAL will not offer any discount for cash payments, or for payments made earlier than the deadline specified in these General Terms and Conditions of Sale or on the invoice issued by OSHIBORI CONCEPT INTERNATIONAL. In the event of a delay in payment of our invoices beyond the due date specified therein, late payment penalties will be charged under the following conditions: The calculation of penalties will begin on the second business day following the payment date indicated on the invoices. The calculation will end on the day the payment is received. - The penalty rate is set at three times the statutory interest rate. - Payment of the penalty is due by cashier’s check upon receipt of the penalty invoice. In the event of non-compliance with this clause, the calculation of penalties will continue as if payment had not been made, until the penalty invoice is paid. In the event of late or non-payment of an installment or refusal to accept a draft, the entire amount due becomes immediately payable, without formal notice or other formalities. Payments shall be made to the address of the registered office. Acceptance of a bill of exchange does not derogate from this clause. In the event of payment by bills of exchange, the costs of presenting them shall be borne by the customer. In the event of late payment, the Customer shall automatically be liable for a fixed compensation of 40 euros. Any delay in payment may, furthermore, result in the suspension or cessation of deliveries of current orders and the initiation of any legal enforcement and/or collection measures to obtain compensation for the damage caused to Oshibori Concept International by such delay. For invoices issued, at the request of a principal, in the name of a third party, the principal and the third party are jointly and severally liable for payment thereof and for the fulfillment of the other obligations set forth in our general terms and conditions of sale.

ARTICLE VIII. CANCELLATION
If the Customer cancels the order after it has been accepted by OSHIBORI CONCEPT INTERNATIONAL, for any reason other than force majeure, the payment made at the time of the order shall be retained by OSHIBORI CONCEPT INTERNATIONAL and shall not be subject to any refund.

ARTICLE IX. CLAIMS
Claims regarding the characteristics, quantity, or weight of the delivered goods, or any non-conformity with the packing slip, must be submitted in writing to Oshibori Concept International at 59 Rue Boileau, 75016 Paris, within 3 days of delivery. Claims must be submitted by certified mail with return receipt requested. If no claim is filed within the applicable time limit and in the prescribed manner, the Customer shall be deemed to have accepted the goods without reservation, thereby forfeiting any right to recourse. If the Customer notices a printing error, they may request, within a maximum of eight days, that the documents be reprinted by registered letter with return receipt, provided they return the goods to us with our consent (all returns must be agreed upon with us in advance) or make the defective documents available to the carrier from www. Oshibori-concept.com if we decide to collect the goods ourselves. This right may only be exercised if all copies of the product in question are returned in their packaging, accompanied by a copy of the invoice and/or the delivery note. The return shipping costs of our carrier will be borne by us only in the event of a manufacturing defect in accordance with standard industry practices in the graphic arts sector and acknowledged by www.oshiboriconcept.com. Without prior written consent 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 the documents at no charge, without any penalty being imposed on it. If www.oshiboriconcept.com determines that the goods are in compliance, the Customer must pay the return shipping costs as well as the shipping costs required to send the documents within a maximum of 20 days. After this period, the goods will be automatically destroyed, and the Customer will not be entitled to a refund. Defects in part of the delivered goods do not entitle the Customer to file a claim regarding the entire shipment and do not entitle the Customer to any claim if such defects fall within industry tolerances and are related to the technical constraints of the printing process. Thus, a slight color difference is not considered a defect. Similarly, color differences compared to a previous order printed by www.oshiboriconcept.com are not considered a defect due to technical constraints related to the printing process. Claims based on the Customer’s failure to follow or comply with the instructions provided by www.oshiboriconcept.com for the proper processing of an order are inadmissible.

ARTICLE X. FORCE MAJEURE
The performance by Oshibori Concept International of all or part of its obligations shall be suspended in the event of an unforeseeable circumstance or force majeure that would hinder or delay such performance. Such events include, but are not limited to, war, riots, insurrection, social unrest, and strikes of any kind. Oshibori Concept International shall notify the customer of such an unforeseeable event or force majeure within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the customer shall then have the option to cancel the current order, and a refund shall be issued in accordance with the terms set forth in Article IX of these General Terms and Conditions of Sale.

ARTICLE XI. LIABILITY
www.oshiboriconcept.com or Oshibori Concept International shall not be held liable for the use of its products. The mere act of placing an order implies that the Customer has ensured that the product being ordered complies with and is compatible with the legal requirements regarding its use. In the event that www.oshiboriconcept.com is found liable, such 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 defects resulting from a defect in material, design, or manufacturing that affects the delivered products and renders them unfit for use. This warranty is limited to the replacement or refund of the defective products. Any warranty is excluded in the event of misuse or negligence on the part of the Customer, as well as in cases 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 defects within a maximum 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 damages, of any nature whatsoever, 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 is held liable shall not exceed a sum 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 affected by the breach may not seek specific performance. Notwithstanding the provisions of Article 1222 of the Civil Code, in the event of a breach by either Party of its obligations, the Party suffering the breach may not have the obligation performed by a third party at the expense of the defaulting Party.

ARTICLE XII. DISPUTES – GOVERNING LAW – JURISDICTION
In the event of a dispute, jurisdiction is assigned to the courts of our registered office. Title to the goods shall not pass to the Customer until full payment of the price has been made by the Customer, regardless of the delivery date of said goods. Any clauses contrary to the above are deemed null and void. The mere act of placing an order or accepting an order confirmation implies the Customer’s agreement to the terms set forth above. The Customer, who declares and acknowledges full knowledge of these terms, thereby waives the right to rely on any conflicting document, and in particular, on their own general terms and conditions of purchase.