GTC

Our general sales conditions

PREAMBLE
Please read these Terms and Conditions of Sale carefully. These Terms and Conditions 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 any additional guidelines, restrictions or rules that may be placed on specific sections or services of this Site. All such additional guidelines, restrictions or rules are hereby implicitly incorporated by reference into the current Terms and Conditions of Sale[NM1] . Oshibori Concept International reserves the right to change this Site and its Terms and Conditions at any time without prior notice. We advise you to review these Terms and Conditions 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, the present General Terms and Conditions of Sale (GTS) and expressly declares to accept them without reservation by checking the box provided for that purpose. The present general conditions of sale constitute, in accordance with article L 441-6 of the Commercial Code, the unique basis of the commercial relationship between Oshibori Concept International and its Customer. Users of the site declare that they know and understand the Internet and its limits, in particular its functional characteristics and technical performance, the risks of interruption, the response times for consulting, querying or transferring information, and the risks, whatever they may be, inherent in any connection on the network. On the other hand, we make every effort to keep our sites accessible 7 days a week and 24 hours a day but are not bound by any obligation to do so. Access to our site may be interrupted, in particular for maintenance and updating purposes or for any other reason, in particular technical reasons, without this being able to engage our responsibility. It is specified that the sales made by OSHIBORI CONCEPT INTERNATIONAL are only intended for professional buyers, excluding consumers.

DEFINITIONS
Us: 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 any service. Oshibori Concept International is the publisher of the website www. Oshibori--concept.com. Customer: any professional buyer, individual or corporation placing an order on the site www.oshiboriconcept.com, (which he must justify to www. Oshibori-concept.com) placing an order on the Site, excluding any consumer. User: the Customer The Site: the website (including any modification or update) operated by Oshibori Concept International 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 substitute site determined by Oshibori Concept International). Prices: Our prices are calculated without taxes (VAT=20%). The amount of invoices and quotes is to be increased by the amount of sales tax. Customers entitled to the reduced rate of VAT must provide all necessary proof. Our prices shall be increased in accordance with the applicable rates if the work is carried out outside normal working hours due to 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 prices are firm and non-revisable during their period of validity. These prices are net and exclusive of tax, ex works. They do not include transport, customs duties and insurance, which are to be paid by the Customer. Our prices are calculated on the basis of the supply by your care of computer files of professional quality. Your files must imperatively comply with traditional printing standards and respect the technical constraints regularly updated and present on the site www.oshiboriconcept.com.

ARTICLE I. ORDERS
Orders 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 has 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 commercial register as well as the express acceptance of these general terms of sale. The orders will be taken into account only after the full payment of the price including VAT has been sent to the head office of Oshibori Concept International and the print order has been validated (if applicable). We decline any responsibility in case of bad execution of orders by phone. No order of less than one carton can be accepted. Any modifications requested by the Customer will 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 case, modifications shall only be accepted if they are notified to OSHIBORI CONCEPT INTERNATIONAL at least five (5) days before the planned delivery date, after signature by the Client of a new specific order form and possible price adjustment.

ARTICLE II. MANUFACTURING AND DELIVERY DEADLINES
The manufacturing and delivery deadlines are given as an indication (a firm deadline must be expressly agreed with www.oshiboriconcept.com and be the subject of a written acceptance of our company) and their non-observance cannot in any case motivate a let for account, a discount or an allowance, in particular in the event of strikes, fires, closings of stations and force majeure. Our goods travel at the customer's risk. Claims for delays, damage or shortages must be made upon receipt on the delivery note or with the carrier. These will only be accepted if the goods are sent by registered mail. In no case the litigations with the carriers can justify the nonpayment of the invoiced goods. www.oshiboriconcept.com declines any responsibility on the goods which even sent franco always travel to the risks and dangers of the Customer.

ARTICLE III. INTELLECTUAL PROPERTY
The Customer is solely responsible for the completeness and accuracy of the files he sends us for printing. The provision of computer files by the Customer releases us from liability for any errors. We are not subject to any obligation 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 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 print order or the print order on paper engage your responsibility on the content of the document. The Customer guarantees that he/she owns all copyrights to the works contained in the files. In the event that an order gives rise to an infringement action, it is formally stipulated that the customer will bear the sole burden of any civil penalties and will indemnify our company for any sums it may owe in respect of such an action. The files being provided by the Customer, www.oshiboriconcept.com is committed only to restore the colors of the computer file provided as the chain of manufacture restores them. The colors visible on your screen are not contractual and will not be in any case those restored on the printed documents (it is the same for the impressions carried out by your care on a printer ink jet or laser). We print only in CMYK mode (primary color). If your files contain RGB images they will be converted into CMYK (the restitution of the RGB colors is always different from the CMYK images). Within the framework of reprints, even if the data are the same, these reprints can never be 100% identical.

ARTICLE IV. STORAGE AND ARCHIVING OF ORDERS
We have the right, not the obligation, to archive the files received. We decline any responsibility in the event of damage or loss whatever the reasons. www.oshiboriconcept.com does not have any right on 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 the files provided by the Customer do not present the required criteria for a quality printing without opening right to any compensation. We have the right, not the obligation, to carry out the necessary modifications on the files provided by the Customer not respecting the technical constraints indicated on the Site in particular if these modifications contribute to the respect of the deadlines envisaged for the realization of the order (conversions CMYK, application of a white turning, adaptation of the document to the good format etc.). www.oshiboriconcept.com also reserves the right to refuse an order if the Customer does not respect the procedures of order specific to our company. The non respect by the Customer of the ordering procedures (payment, technical constraints, grouping of orders, naming of files etc.) indicated on the Site releases us from any responsibility and makes any complaint impossible. Authors' corrections will be invoiced in addition. All changes made to the texts or photos, or to the layout of the proofs, are considered as author's corrections and will be charged to the Customer. In the event of a breach of either party's obligations, the creditor shall not be entitled to request a reduction in price in accordance with the provisions of Article 1223 of the Civil Code.

ARTICLE VI. USAGE
In accordance with the usage, the ordered quantities will be delivered within a tolerance of 1% more or less. The ink colors as well as the quantities of support will be guaranteed only within the limits of the tolerances allowed in the printing sectors. On the other hand, the customer accepts that there may be variations in hue throughout a print run, as a flicker or dryness may have escaped the operator's notice 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 on the whole print run, invisible to the unsuspecting user, such as chips, slight variations in color, intensity or cutting.

ARTICLE VII. PAYMENT TERMS
Payment of our invoices is made by credit card, bank transfer, or by check payable to Oshibori Concept International. The price is payable in cash at the time of order. No discount will be given by OSHIBORI CONCEPT INTERNATIONAL for cash payment, or within a period less than the one mentioned in the present General Sales Conditions, or on the invoice issued by OSHIBORI CONCEPT INTERNATIONAL. In case of delay in the payment of our invoices in relation to the date mentioned therein, late payment penalties will be charged according to the following conditions: The calculation of the penalties will start on the second working day after the payment date indicated on the invoices. The calculation will end on the day of receipt of payment - The rate of penalties is set at 3 times the legal interest rate - The payment of the penalty is due by check in cash upon receipt of the agios invoice. In case of non-compliance with this last clause, the calculation of the penalties will be continued as if the payment had not taken place, until the payment of the penalty invoice. In case of delay or default in payment of a due date or refusal to accept a draft, all sums due become imperatively payable, without formal notice or other formality. Payments shall be made to the address of the registered office. The 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 be liable to pay a fixed penalty of 40 euros. Any delay in payment may, in addition, lead to the suspension or cessation of deliveries of orders in progress 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 the payment of the invoice and the execution of the other commitments provided for in our general terms of sale.

ARTICLE VIII. CANCELLATION
In case of cancellation of the order by the Client after its acceptance by OSHIBORI CONCEPT INTERNATIONAL, for any reason except force majeure, the price paid at the time of the order shall be automatically acquired by OSHIBORI CONCEPT INTERNATIONAL and shall not give rise to any reimbursement.

ARTICLE IX. CLAIMS
Complaints about the characteristics, quantity, weight of the goods delivered, or their possible non-conformity with the delivery note, must be addressed in writing to Oshibori Concept International at 59 Rue Boileau, 75016 Paris, within 3 days of delivery. Claims must be made by registered letter with acknowledgment of receipt. In the absence of a complaint within the applicable time limit and in the prescribed form, the Customer will be deemed to have accepted the goods without reservation, which will prohibit him from any recourse. If the Customer notices a printing problem, he may request, within a maximum of eight days, the reprinting of the documents by registered letter with acknowledgement of receipt, provided that he sends the goods back to us with our agreement (return shipments of any kind must be agreed upon in advance with us) or that he holds the defective documents at the disposal of the carrier of www. Oshibori-concept.com if we decide to recover the goods by ourselves. This right can only be exercised if all copies of the said product are returned in their packaging together with a copy of the invoice and or delivery note. The return costs of our carrier will remain at our charge only in case of manufacturing defect according to the rules of use in the graphic arts sector and recognized by www.oshiboriconcept.com. In the absence of a prior written agreement from www.oshiboriconcept.com, any return of goods will be refused. In the event of manufacturing defect recognized by www.oshiboriconcept.com this one reserves the right to proceed to the reprinting of the not billable documents without any penalty being able to be claimed to him. If www.oshiboriconcept.com notes that the goods are in conformity, the Customer will have to pay the expenses of return as well as the expenses of forwarding necessary to the sending of the documents under a maximum time 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 right to a claim on the whole delivery and do not give right 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 from a previous order printed by www.oshiboriconcept.com, is not considered a defect due to the technical constraints of the amalgam. The complaints based on the non-observance and the non-observance by the Customer of the indications given by www.oshiboriconcept.com for the good progress 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 the occurrence of a fortuitous event or force majeure that would hinder or delay the performance thereof. Are considered as such, including, but not limited to, war, riots, insurrection, social unrest, strikes of any kind. Oshibori Concept International shall inform the customer of such an act of God 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 cancelling the order in progress, and will then be reimbursed under the conditions set out in Article IX of these general conditions of sale.

ARTICLE XI. RESPONSIBILITY
www.oshiboriconcept.com or Oshibori Concept International cannot be held responsible for the use of its products. The mere fact of placing an order implies that the Customer has ensured that the product he/she is ordering complies with the legal requirements concerning its application and is compatible with it. In the event that the responsibility of www.oshiboriconcept.com is recognized, it cannot exceed the value of the products or services sold. The products delivered by OSHIBORI CONCEPT INTERNATIONAL are covered by a two (2) month warranty, starting from the delivery date, covering any hidden defect, resulting from a material, design or manufacturing fault affecting the delivered products and making them unfit for use. This guarantee is limited to the replacement or reimbursement of the products affected by a defect. Any guarantee is excluded in case of misuse or negligence of the Customer, as well as in case of normal wear and tear of the goods or force majeure. In order to assert his rights, the Customer shall, 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 as from their discovery. OSHIBORI CONCEPT INTERNATIONAL shall replace the products under warranty that are deemed defective. This guarantee also covers transportation costs. Unless otherwise provided for by public order, OSHIBORI CONCEPT INTERNATIONAL shall not be liable for the occurrence of any damage, of any nature whatsoever, resulting directly or indirectly from the use or impossibility of use of the products. In any case, the amount of the compensation in case the responsibility of OSHIBORI CONCEPT INTERNATIONAL is called into play shall not exceed a sum equivalent to the amount of the product in question. Notwithstanding the provisions of article 1221 of the Civil Code, the Parties agree that in the event of failure by either Party to fulfill its obligations, the Party suffering the failure may not request forced execution. In express derogation of the provisions of Article 1222 of the Civil Code, in the event of a breach of its obligations by either Party, the defaulting Party may not itself have the obligation performed by a third party, at the expense of the defaulting Party.

ARTICLE XII. DISPUTES - APPLICABLE LAW - COMPETENT JURISDICTION
In case of dispute, jurisdiction is given to the courts of our headquarters. The transfer of ownership of the goods, for the benefit of the Customer, will be realized only after complete payment of the price by the latter, and this whatever the date of delivery of the said goods. All clauses contrary to the one inserted above are considered null and void. The mere fact of placing an order or accepting an order confirmation implies the Customer's agreement to the conditions set forth above, and the Customer, who declares and acknowledges that he is fully aware of them, thereby waiving the right to rely on any contradictory document, in particular his own general terms and conditions of purchase.