Sales Contract

General Terms and Conditions of the Sales Contract

 

1. Scope

1.1. These General Terms and Conditions of the Contract govern the contractual relationship between the customer and Konica Minolta Business Solutions Polska spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at ul. Krakowiaków 44, 02-255 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000108685, having Tax Identification Number (NIP) 526-020-49-08 and Statistical Number (REGON) 002204072, with the share capital of PLN 5,323,500 (hereinafter referred to as “Konica Minolta” or “Service Provider”), concerning the online purchase of Konica Minolta Products through the website (hereinafter referred to as “Platform”).

2. Using the Platform

2.1. The Customer has to register before starting using the Platform and products and services it offers. During registration company data entered by the Customer must be complete and accurate and must always be updated by the Customer.
2.2. After checking and accepting registration data by the Customer Konica Minolta will create a Customer Account.
2.3. Konica Minolta has the right to refuse to create the Customer Account and block or remove the Customer Account or user account, if:
– the Customer is a natural person who does not conduct business activity;
– the Customer’s registration data is inaccurate, incomplete or out of date;
– the Customer’s financial standing does not provide warranty for appropriate fulfilment of the terms and conditions of the Contract;
– the Customer egregiously or repeatedly fails to meet his/her contractual obligations despite reminders;
- the Customer Account is used without consent or illegally or inappropriately.
2.4. The Customer may grant access to the platform only to authorised persons as part of his/her organisation and shall bear exclusive liability for all activities performed on his/her Customer Account.
2.5. The Customer shall be obliged to secure access data to his/her Customer Account (e.g. passwords and/or other data). The Customer must promptly inform Konica Minolta about each unauthorised use of his/her access data or Customer Account.
2.6. It is prohibited for the Customer to process any data on the platform which:
(i) is illegal, provocative, libelous, unlawful, dangerous in any manner or reprehensible in any other way,
(ii) he/she has no right to process under the law or contractual relationship,
(iii) infringe upon third party rights, in particular, but not limited to, intellectual property rights and trade secret,
(iv) contains viruses or other harmful components.

3. Ordering and accepting on the Platform

3.1. The Platform allows the Customer to conclude a Contract with Konica Minolta for the purchase of multifunction copiers, printers and/or software (hereinafter referred to as “Products” or “Product”).
3.2. Depending on technical specifications of the Product, applicable options, print volume and prices published on the Platform, the Customer selects Products that best meet his/her requirements and expectations. Konica Minolta shall bear no responsibility for selections made by the Customer on the Platform. The Customer, at his/her own risk, must check compliance of the Products with his/her internal IT systems.
3.3. Through completing the ordering process on the Platform the Customer makes a binding offer for the conclusion of the Contract for the purchase of Konica Minolta Products. The online purchase contract shall become valid only after the offer has been accepted by Konica Minolta.
3.4. The sole confirmation of having received the offer shall not mean that is has been accepted by Konica Minolta. The acceptance is valid only through an e-mail received from Konica Minolta, where the acceptance of the offer is expressly confirmed.
3.5. Konica Minolta has shall have discretion with regard to the acceptance of the Customer’s offer or its rejection. Situations described in Article 2.3 shall form the basis for refusal by Konica Minolta to accept the offer.
3.6. It is obligatory for the Customer to accept these General Terms and Conditions of the Sales Contract when making an offer.

4. Fees

4.1. The purchase price will be provided on the Platform and confirmed in writing by Konica Minolta.
4.2. The purchase price is a net amount without VAT and copyright fees.
4.3. The Customer accepts that an invoice concerning the purchase price may be sent via e-mail to the e-mail address provided by the Customer to this end.
4.4. If the purchase offer is accepted by Konica Minolta, the Customer shall make a payment of the agreed price in its full amount as part of a prepayment made by credit card, Przelewy24 [online payment platform] or BLIK [instant online payment system]. After payment of the full price, Konica Minolta shall hand over the subject of the Sales Contract without undue delay, by sending it to the address indicated by the Customer.
4.5. If the Customer makes an offer for the conclusion of a Relaxed Rate Lease Contract together with an offer for the conclusion of a Purchase Contract:
4.5.1. with regard to the offer for the conclusion of a Purchase Contract, subsection 4.4 of the General Terms and Conditions of the Sales Contract shall apply.
4.5.2. with regard to the offer for the conclusion of a Relaxed Rate Lease Contract, the acceptance of the Customer’s offer shall be made after a successful verification of the Customer’s financial standing. In the case of a positive assessment of the Customer’s financial standing, Konica Minolta shall confirm the conclusion of the Relaxed Rate Lease Contract with the Customer in writing and shall hand over the subject of the Relaxed Rate Lease Contract without undue delay through sending the subject of the Relaxed Rate Lease Contract to the address indicated by the Customer.

5. Ownership and risk transfer

5.1. The ownership right to the Product shall be transferred from Konica Minolta to the Customer after complete and final payment of the purchase price by the Customer.
5.2. Any risk of loss or damage to the Product shall remain with Konica Minolta until the moment of delivery of the Product to the Customer by Konica Minolta.

6. Delivery

6.1. Each delivery date provided on the Platform is indicative only and non-binding. Delay in delivery shall in no event entitle the Customer to charge compensation payment against Konica Minolta.
6.2. The Customer accepts that Konica Minolta may deliver a Product through a subcontractor.
6.3. The Customer must report any irregularities and/or deficiencies in Konica Minolta Products to Konica Minolta within 5 working days from the date of delivery.

7. Replacement warranty and comfort package

7.1. Konica Minolta guarantees that the Product meets technical specifications provided on the Platform. The Customer is obliged to promptly inspect the Product after delivery and immediately notify Konica Minolta of potential defects or irregularities.
7.2. Konica Minolta shall, at its own expense, replace a defective Product with a Product with identical technical parameters provided that as a result of an inspection and testing by Konica Minolta it turns out that the defect was present at the moment of delivery and has not been caused by improper use or improper installation of the Product by the Customer. This warranty shall expire, together with any Customer’s claims under this warranty, after 2 months from the date of Product delivery.

8. Data security

8.1. The Customer shall be solely responsible for personal data (such as e-mail addresses, IP addresses, etc.) he/she introduces, manages and processes by means of the Product. Konica Minolta shall bear no responsibility in this regard and shall not operate as a personal data processor.

9. Maintenance

9.1 The Customer may use Konica Minolta assistance hotline to conduct Product repair or maintenance after paying a relevant maintenance fee for a given period.

10. Liability

10.1 Except for the wilful misconduct on the part of Konica Minolta, the liability of Konica Minolta for the performance of this Contract shall be excluded.
10.2. The application of provisions of Section II Title XI Volume III of the Civil Code – Warranty for Defects – shall be excluded.

11. Software

11.1. If the Customer has selected a software option on the Platform, Konica Minolta shall grant to the Customer a non-exclusive and non-transferrable licence for software use. In this Contract, “use” shall mean recording, loading, installing, opening, setting up or viewing the software.
11.2. Konica Minolta and/or Konica Minolta licensors shall retain all titles, ownership rights and intellectual property rights to that software.
11.3. The Customer may use the software only for the purpose of his/her own business activity. In any case the Customer is prohibited from making available, selling, lending or leasing the software to third parties and concluding sublicensing contracts for software with third parties. The Customer should refrain from any activities consisting in amending, translating or converting the software to another programming language or making any changes to it, disassembling, decompiling or splitting into components or allowing third parties to do the same with the software.
11.4. The Customer agrees to use the software in accordance with the licences and/or conditions for use displayed on the device screen during software installation (the so-called “EULA”).
11.5. Konica Minolta delivers the software “as is” and does not grant warranty for fitness of the software for a given purpose.

12. Final provisions

12.1. This Contract is governed by Polish law.
12.2. Any disputes arising out of this Contract shall be decided by the court having jurisdiction over Konica Minolta.
12.3. If any provision of this Contract becomes invalid, other provisions thereof shall remain intact. An invalid provision shall be replaced with another provision which corresponds to the intention of the initial provision and the Contract.
12.4. Amendment or annex to this Contract shall be valid only if accepted by all parties involved, either online or in writing.