Our general terms and conditions of sale

 

 

These general terms and conditions of sale apply to all orders placed via the www.Oshibori.-concept.com website or at the www.Oshibori.-concept.com.com address by a customer (an individual or legal entity placing an order on the www.Oshibori.-concept.com.com website) and to all orders placed with our company by any other means (post, telephone, email etc.).
 
 The placing of any order on the www.Oshibori.-concept.com.com website implies full and unreserved acceptance by the customer of these general terms and conditions of sale. The same applies for any order placed with our company by telephone, fax, email, post or any other means.
 
Users of the site declare they know and understand the internet and its limitations, including in particular its functional details and technical performance, the risk of interruption, response times for consulting, searching for or transmitting information, and the risks, of whatever nature, inherent in any connection to the network. Moreover, whilst we make every effort to maintain access to our sites 7 days a week and 24 hours a day, we are not under any obligation to succeed in this.  Access to our site may be interrupted, notably for maintenance and updating purposes or for any other reason, of a technical nature in particular, and we accept no liability for any such interruptions.
 
Definitions: www.Oshibori.-concept.com.com is a service offered by the limited liability company, Oshibori Concept International SARL (with capital of €52,000), the registered office of which is at 59, rue Boileau, 75016 PARIS, corporate and trade registration number B 519 041 446, which runs the site and provides all services. Oshibori Concept International is the publisher of the www.Oshibori.-concept.com.com website.
 
Customer: any business professional or their duly authorized representative (proof of which must be given at www.Oshibori.-concept.com.com) placing an order on the site.
 
User: the customer
 
The site: the website (including any amended or updated version) run by Oshibori Concept International with a view to providing the service and with the following internet addresses: www.Oshibori.-concept.com.com, (and any other internet address chosen by Oshibori Concept International, as well as any other replacement site as determined by Oshibori Concept International).
 
Prices: Our prices are calculated excluding taxes (VAT=20%). Turnover tax must be added to the invoice amount and to any price quotations. Customers who are entitled to pay a reduced rate of VAT must provide all necessary proof. Our prices are increased in line with current rates if the customer’s requirements mean the work must be done outside of normal working hours.
 
Our goods are invoiced at the current rates on the day the order is placed and, if applicable, in the specific sales proposal sent to the Customer. These rates are final and not subject to change during their period of validity. Prices are ex-works, net and exclude taxes.  They do not include shipping or any customs duties and the Customer is responsible for insurance.
 
Our prices are calculated based on you providing professional quality electronic files. Your files must comply with traditional printing standards and be in accordance with the technical constraints shown and regularly updated on the www.Oshibori.-concept.com website.
 
 Orders: Orders are placed on the WWW.OSHIBORI.-CONCEPT.COM website or with Oshibori Concept International on the www.Oshibori-concept.com site, or by post, fax or email. A verbal order to proceed together with the submission of documents shall serve as a purchase order, but we reserve the right to demand a written purchase order. Customer purchase orders must include the following specfic information: business name, address, nature of the industrial or commercial enterprise, business registration number and express acceptance of these general terms and conditions of sale. Orders will only be cleared for processing once full payment of the price including all taxes has been sent to the registered office of Oshibori Concept International and the OK To Print has been approved (where applicable). We accept no responsibility in the event of poor fulfillment of orders placed by telephone.
 
Manufacturing and delivery times: manufacturing and delivery times are given purely as an indication (definite timing must be expressly agreed with Www.Oshibori.-concept.com and is subject to written acceptance by our company); failure to observe these times cannot under any circumstances be a reason for rejecting or returning goods, or for any compensation, particularly in the event of strikes, fire, station closures or any force majeure. Our goods are sent at the risk of the addressee. Complaints regarding any delays, damage or missing items must be made upon receipt on the delivery note or to the carrier. They will only be accepted if sent by recorded delivery. Disputes with carriers shall not, under any circumstances, justify non-payment for goods for which an invoice has been issued. Www.Oshibori.-concept.com accepts no responsibility for the goods, even if sent with the postage paid, as they are always sent at the buyer's own risk.
 
Intellectual property: The customer shall be solely liable for the completeness and accuracy of the files sent to us for printing. The provision of electronic files by the Customer shall relieve us of any liability in the event of errors. The customer is entirely reponsible for the completeness and accuracy of their files. We are not under any obligation to check business files submitted by the Customer. Your files, the online OK To Print or hardcopy OK To Print render you liable for the document's contents. The Customer guarantees that they hold all copyrights for any works that appear in the files. In the event of an order giving rise to an action for counterfeiting, it is formally stipulated that the customer alone shall bear the cost of any civil damages and any costs incurred by our company.
 
As the files are provided by the customer, WWW.OSHIBORI.-CONCEPT.COM only undertakes to render the colors in the electronic file provided as they are reproduced by the manufacturing line. The colors shown on your screen are not contractual and will not in any event be those reproduced on the printed documents (the same applies for prints made by you on an inkjet or laser printer). We print only in CMYK mode (primary color). If your files include RGB images, they will be converted to CMYK (reproduction of RGB colors is always different from CMYK images). In the context of reprints, even if the data is the same, these reprints are never 100% identical.
 
We have the right, but are not under obligation, to store files received. We accept no responsibility in the event of damage or loss, whatever the reason. WWW.OSHIBORI.-CONCEPT.COM has no rights in respect of the file sent by the customer.
 
Www.Oshibori.-concept.com reserves the right to refuse an order if the documentation and files provided by the customer do not meet the required criteria for high quality printing, without leading to any entitlement to compensation of any form. Moreover, as we are not under any obligation to check the files, if we print files provided by the customer that do not meet the required criteria for high quality printing, no complaint or claim can be made (we print from your files, which must match traditional printing standards and comply with the technical constraints indicated on the WWW.OSHIBORI.-CONCEPT.COM website. The customer is liable for any breach of these mandatory rules). We have the right, but are not under obligation, to make necessary changes to files provided by the customer that do not comply with the technical constraints indicated on the site, without consulting the latter, particularly if these changes help to meet the timing requirements for fulfillment of the order (CMYK conversions, application of a white surround, adapting the document to the right format etc.). Www.Oshibori.-concept.com also reserves the right to refuse an order if the customer does not follow our company's specific ordering procedures. The customer's failure to comply with the ordering procedures (payment, technical constraints, grouping of orders, file naming etc.) shown on the site shall relieve us of any liability and render any complaint or claim impossible.
 
Author's corrections will be invoiced as an additional charge. Any changes made to text or photos, or to the layout on proofs that have been drawn up, will be deemed to be author's corrections and will be at the customer's expense.
 
Common practices: in accordance with common practice, the quantities ordered will be delivered subject to a plus or minus tolerance of 1%. Ink shades and media quantities are guaranteed only within the tolerance limits accepted in the printing industry. Moreover, the customer accepts there may be variations in shade throughout a run or that a hickey or bead may have escaped the notice of the operator on some sheets (That is why we always deliver a higher quantity so as to deliver the right quantity in terms of quality). The customer therefore accepts that over the print run as a whole, there may be minor flaws, invisible to the user if not pointed out to them, such as hickeys and slight variations in color, intensity or cutoff.
 
Payment terms and conditions: Payment of our invoices is made by bank card, credit transfer, or check made payable to Www.Oshibori.-concept.com or Oshibori Concept International. In the event of late payment of our invoices compared with the date shown on them, late payment penalties will be charged according to the following terms and conditions: Penalties will be calculated starting from the second working day following the payment date shown on the invoices. The calculation will end on the day payment is received - the penalty rate is set at 3 times the ECB official base rate - the penalty is payable in full by check upon receipt of the invoice for interest charges. Failure to comply with this last clause will result in penalties continuing to be calculated as though the payment had not taken place, until payment of the penalty invoice. In the event of a failure to pay or late payment of an instalment or refusal to accept a bill of exchange, all sums owed will become mandatorily due and payable, without any official notice being given or any other formality. Payments are made at the company's registered head office address. Bill of exchange acceptance is no exemption to this clause. In the event of payment by bills of exchange, the cost of presenting these is the client's responsibility.
 
In the event of late payment, the Customer will automatically owe lump-sum compensation amounting to €40.
 
Any delay in payment may also lead to the suspension or cessation of deliveries of orders in progress and all legal measures of constraint and/or recovery measures to obtain reparation for the damage caused to Oshibori Concept International by this delay.
 
For invoices made out to a third party at the request of the order originator, the third party and the order originator are jointly responsible for payment of the invoice and the fulfillment of the other commitments pursuant to our general terms and conditions of sale.
 
Retraction: order cancelation: There is no right to retract orders as they concern customized documents made to specifications stipulated by the customer.
 
Complaints: any complaint concerning the characteristics, quantity or weight of goods delivered, or a claim that the goods do not conform to the dispatch note 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 recorded delivered with acknowledgement of receipt. In the absence of any complaint made in due form within the applicable timeframe, the customer shall be deemed to have unreservedly accepted the goods, thus prohibiting any claim.
 
If the customer observes a printing problem, they may, within a maximum of eight days, send a letter by recorded delivery with acknowledgement of receipt to ask for documents to be reprinted, provided the goods are returned to us with our agreement (returns of any kind must be agreed with us in advance) or that the faulty documents are made available to the carrier used by Www.Oshibori.-concept.com if we decide to collect the goods ourselves. This right can only be exercised if all examples of the said product are returned in their packaging together with a copy of the invoice or delivery note. Return shipping costs using our carrier will be solely our responsibility in the case of a manufacturing flaw that is acknowledged by Www.Oshibori.-concept.com. In the same way, this right is subject to the usual rules in the graphic art industry and is only applicable in the event of a manufacturing flaw acknowledged by Www.Oshibori.-concept.com. In the absence of any prior written agreement from Www.Oshibori.-concept.com, the return of any goods will be refused. In the event of a manufacturing flaw acknowledged by Www.Oshibori.-concept.com, the latter reserves the right to begin the unbillable reprinting of documents without any claim for compensation.
 
If Www.Oshibori.-concept.com observes that the goods do comply, the customer must pay the return shipping costs as well as any delivery costs incurred in sending documents, within a maximum period of 20 days. After this period, the goods will be automatically destroyed without the customer having any claim to reimbursement. The presence of flaws affecting part of the goods delivered does not give entitlement to a claim for the whole delivery and does not give entitlement to any claim if those flaws are within the industry's tolerance limits and are related to the technical constraints of gang-run printing. So a slight difference in color is not regarded as a flaw. Likewise, color differences compared with a previous order printed by Www.Oshibori.-concept.com are not regarded as a flaw owing to the technical constraints associated with gang-run printing. Claims based on the customer's failure to observe or comply with the indications given by Www.Oshibori.-concept.com to ensure an order is correctly fulfilled are inadmissible.
 
Liability: Www.Oshibori.-concept.com cannot be held responsible for the use of its products. The simple fact of placing an order means that the customer has ensured that the product they are ordering meets the legal requirements regarding its application and that it is compatible with this application. In the event of it being deemed the responsibility of Www.Oshibori.-concept.com, liability shall not exceed the value of the products or services sold.
 
In the event of any dispute, the courts and tribunals in the region in which our registered head office is located shall have power of jurisdiction.
 
Transfer of ownership of the goods to the Customer shall only be made after full payment of the price by the latter, whatever the delivery date of the said goods.
 
All clauses inserted that are contrary to the above are deemed null and void.
 
The sole fact of placing an order or accepting confirmation of an order implies the client's agreement to the terms and conditions set out above.