Terms and Conditions
- DEFINITIONS AND TERMS
- OTABUSHI – is the trade name of OTABUSHI S.R.L., a company operating this website, a Romanian legal entity organized and functioning in accordance with the laws of Romania as a limited liability company headquartered in Dej, Cluj County, registered with the Cluj Trade Register under no. J12/1413/2024, having Unique Registration Code 49790905.
- Seller – OTABUSHI S.R.L.
- Buyer – any individual who places an order online on this website having the status of a consumer according to the applicable legislation.
- Website – the domain www.otabushi.net.
- Account – the section of the Website consisting of an email address and a password that allows the Buyer to place orders and contains information about the Buyer as well as the Buyer’s history on the site.
- Order – an electronic document as a form of communication between the seller and the buyer through which the buyer communicates to the seller through the website by going through the necessary technical steps their intention to purchase products from the site under the conditions provided by the Terms and Conditions.
- Product(s) – any goods sold by OTABUSHI on this website requested by the buyer through an order, which will be produced, shipped, and handled for returns by Printful, a third-party supplier, under the conditions provided in the Terms and Conditions as a result of the concluded contract in Romania.
- Contract – represents the distance contract concluded between the buyer and OTABUSHI in accordance with the Terms and Conditions accepted by the buyer without the simultaneous physical presence of the seller and the buyer.
- Content – represents (1) all the information on the site that can be visited, viewed, or otherwise accessed through the use of an electronic device; (2) the content of any email sent to buyers by the seller through electronic means and/or any other means of communication available; (3) any information communicated to the buyer by any employee/associate of the seller according to the contact information; (4) information related to the products and/or rates practiced by the seller in a certain period; (5) data regarding the seller.
- Newsletter – a means of periodic information exclusively electronic, i.e., email, SMS, regarding the products and/or promotions carried out by the seller in a certain period without any commitment on the part of the seller regarding the information contained therein.
The use of the website www.otabushi.net implies the acceptance of these Terms and Conditions by the user. REPUTATION is a right belonging to a legal entity. Consequently, according to the provisions of art. 257 of the Civil Code, the legal entity OTABUSHI S.R.L. will request the protection of its reputation and moral damages in case of prejudice and infringements to its image.
- GENERAL INFORMATION
The images published on the website are in accordance with reality, but sometimes the color nuances of the products may differ slightly due to the photography process or your monitor settings. Customers of www.otabushi.net will always be informed whether a product is in stock or not, if it can be made to order, how long it will take to process, and how long it will take to reach them. This information will be communicated via email or phone. Images of products, offers, prices, and competitions can be changed in advance without specific notification.
- PROPERTY – COPYRIGHTS
The use of the website www.otabushi.net (including visiting and purchasing products) implies acceptance of certain terms and conditions of use, obviously in the form of a legal contract between the user and OTABUSHI SRL, therefore it is recommended to carefully read the following paragraphs. Visiting or purchasing products from the website www.otabushi.net automatically implies acceptance of these terms and conditions. Also, the use of any current or future services provided by OTABUSHI SRL implies acceptance of the same terms and conditions.
The entire content of the website www.otabushi.net is protected by copyright law and laws regarding intellectual property rights. Use without the written consent of OTABUSHI SRL of any elements belonging to the website www.otabushi.net is punishable under the laws in force. The Company does not grant the user the right to partially or fully modify the website, reproduce it partially or fully, copy, sell or exploit the website in any other way without the company’s consent. The Visitor/Client shall not modify, copy, distribute, transmit, display, publish, reproduce, license, create derivative products, transfer, or sell any information or services obtained from or through this website. We inform you that OTABUSHI is a registered trademark, any use of the trademark without the consent of the company being punishable by law.
The content of this site, including but not limited to logos, stylized representations, symbols, images, photographs, textual content, and others alike, are the exclusive property of OTABUSHI protected by copyright law and intellectual and industrial property laws. The use without the written consent of OTABUSHI of any of the items listed above is punishable under the laws in force.
- CUSTOMER INFORMATION
When creating an account on the website www.otabushi.net, the customer is required to provide real, accurate, and complete data. The customer is responsible for the accuracy and updating of the data provided in their account. If the customer provides incorrect, inaccurate, or incomplete data, OTABUSHI reserves the right to suspend or cancel the customer’s account and to refuse any use, present or future, of any service offered by OTABUSHI. In case the data provided by the customer when creating the account or placing an order proves to be false, OTABUSHI has the right to inform the competent authorities.
Customers may access, correct, or delete the information provided at any time. Accessing the customer’s account can be done by accessing the “My Account” section or by sending a written request signed and dated to the address of the company headquarters.
- PRODUCT INFORMATION AND PRICES
The prices displayed on the website www.otabushi.net are in EUR and include VAT. The prices displayed are valid at the time of accessing the page where they are displayed, with OTABUSHI S.R.L. reserving the right to modify them at any time without any prior notice or notification.
By placing an order on the website www.otabushi.net, you irrevocably undertake to pay the value of the ordered products. In this regard, we inform you that during the order registration process, you will be redirected to our partners’ websites to collect the data necessary for payment.
We reserve the right to charge shipping fees for the refusal and non-collection of parcels by consumers.
- USER REGISTRATION
Any customer who wishes to register on our website with a simple click on the Registration button available on the homepage and adequately following the requested registration steps.
For registration, you will be asked to enter your first name, last name, email address, and a password. You are required to provide a valid email address; otherwise, the registration procedure on the site cannot be continued. You are fully responsible for keeping your access password and any information regarding registration, authentication, and the account secure. You are fully responsible for any order and/or payment made using our website from your account.
- PLACING AND CONFIRMING AN ORDER
By placing an order on the website, the buyer agrees to use the communication method chosen by the seller for all commercial operations (phone or email). After placing the order on the website, the buyer will receive a confirmation email from the seller sent to the email address specified when placing the order. This order confirmation email does not represent acceptance of the placed order.
If the product(s) ordered are not in the seller’s stock, the seller will notify the buyer and propose similar products. If the buyer refuses to purchase another product instead of the unavailable one, the seller will refund the amount paid, if applicable.
Placing an order is done by following these steps:
- Select the desired products and add them to the Shopping Cart by clicking the “Add to Cart” button.
- If you want to add more products to the cart, click the “Continue Shopping” button. If you wish to complete the order, click the “Checkout” button.
- After selecting the desired products, if you do not have an account on the site and do not want to create one, select “Checkout as Guest” and enter your email address to confirm receipt of the order.
- Enter billing information.
- Enter the shipping address.
- Delivery is done by courier and we cannot take responsibility for third-party shipment services.
- Choose the payment method.
- Check the “Agree with the Terms and Conditions on the site” field.
- You have the option to agree to receive newsletters.
- Place the order by clicking the “Complete Order” button.
- PAYMENTS AND LIMITATIONS
Otabushi aims to give its customers the most detailed product descriptions possible on their website but does not guarantee that the product descriptions or any other content on the www.otabushi.net site are complete or entirely error-free. Additionally, Otabushi does not assume responsibility for any type of losses, such as data loss, lost profits, inability to use the data on this site, or changes to data, prices, or site structure without prior notice.
The customer is required to select the payment method before placing the order by checking the appropriate option according to the steps for placing an order. The seller will issue an invoice to the customer based on the provided data.
The risks associated with the products are transferred to the customer upon delivery.
- SHIPMENT AND DELIVERY
Delivery is carried out via courier, Printful as a third-party supplier being responsible for the production, shipping, and handling of returns for all items in the store. OTABUSHI does not assume responsibility for the delivery service provided by third parties.
For products in stock, delivery is made in 7-23 days from the time of order confirmation. For custom products, the delivery time will be communicated separately via email or phone.
Shipping costs are detailed in the order summary before the order is finalized and are included in the total price.
- RETURN/CANCELATION POLICY
Since OTABUSHI products are produced, shipped, and handled by Printful, a third-party supplier, the return process is managed through Printful. If the customer is not satisfied with a product or whishes to cancel the order, they must contact OTABUSHI via the contact details provided on the website to initiate the return process.
The return policy is as follows:
- The customer must notify OTABUSHI within 14 days of receiving the product if they wish to return it.
- The product must be returned in its original condition, unworn and unused, with all tags and packaging intact.
- Return shipping costs are the responsibility of the customer unless the product is defective or incorrect.
Upon receiving the returned product, Printful will process the return and provide a refund or replacement as per the customer’s preference.
- COMPLAINTS PROCEDURE
Any dissatisfaction related to accessing, using, registering on our site, placing an order, issues related to the order placed, and similar matters, should be communicated to us directly via email at co*****@ot******.net
Your complaint will be recorded, and you will receive a written response to the email address provided when you notified us of your dissatisfaction, within a maximum of 3 working days.
The customer agrees not to make these complaints public (on social media, in the media, in private party discussions, or in any other way) under penalty of bearing the damages caused for the harm to the Company’s image by these actions.
- CHANGES TO TERMS AND CONDITIONS
Otabushi SRL reserves the right to make changes at any time to the content of the site www.otabushi.net , its policies, and the terms and conditions of use, without prior notice to users, although we will strive to inform customers about these changes.
Users of the site www.otabushi.net are obliged to regularly check the terms and conditions of use. If a user does not agree with the changes made by Otabushi SRL, they must cease using the site. If the user continues to use the site, it is considered that they agree with the changes made.
- CONTRACTUAL LIABILITY
By creating and using an Account, the Client assumes responsibility for maintaining the confidentiality of Account data (username and password) and for managing access to the Account. The Client is legally responsible for activities conducted through their Account.
By accessing the site, creating an Account, using the site, placing orders, etc., the Client expressly and unequivocally accepts the Terms and Conditions of the site in its latest version communicated on the site. After creating the Account, using the content constitutes acceptance of any changes made to the Terms and Conditions of the site and/or updated versions of the Terms and Conditions. The Client is responsible for verifying the final version of the Terms and Conditions each time they use the site.
Acceptance of the site’s Terms and Conditions is confirmed by checking the corresponding checkbox on the site and/or by submitting an Order and/or making an online payment.
We do not assume responsibility for any damages that the Client or any third party may suffer as a result of our fulfillment of any of our obligations according to the Order, nor for any damages that may result from the use of the Goods after delivery, and even less for their loss.
We cannot be held responsible for any damages to your computer or for viruses that may infect your computer or other equipment as a result of your accessing, using, or navigating our site or downloading any content, information, materials, data, text, images, video, or audio from our site.
- LIABILITY
OTABUSHI is not responsible for any damages that the customer or any other person may suffer as a result of the company’s fulfillment of any of its obligations under the order and for damages that may result from the use of products after delivery and, in particular, for their loss.
- FORCE MAJEURE
Neither party will be responsible for the failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is an unpredictable event beyond the control of the parties and cannot be avoided.
13.Consumer Rights and Dispute Resolution
In accordance with current legislation and measures imposed by the National Authority for Consumer Protection (ANPC), we aim to inform you about your rights and options as a consumer. These details are intended to assist you in exercising your rights in case you encounter issues with the products or services purchased from us.
- Alternative Dispute Resolution: According to ANPC regulations, you have the right to alternative dispute resolution in case of any disputes related to the purchase or use of our products or services. For further details and information about this process, please refer to the official document issued by ANPC available here.
14.DISPUTES AND FINAL PROVISIONS
Any dispute regarding the performance of the contract concluded between OTABUSHI and the customer will be settled amicably. If the parties cannot reach an agreement, the dispute will be submitted for resolution to the competent courts in Cluj County.
These Terms and Conditions are governed by Romanian law. Any contractual relationship between the buyer and OTABUSHI is subject to Romanian law. Any disputes arising in connection with this contract will be resolved amicably, or if this is not possible, by the competent courts.