Terms and Conditions
The following provisions (hereinafter referred to as the "eCommerce General Terms and Conditions") apply to the use of the eCommerce platform (hereinafter referred to as the "Platform") and all actions linked to it.
Section 1 - Provision of the Platform
(1) The Platform is hosted by Konica Minolta Business Solutions Europe GmbH, Europaallee 17, 30855 Langenhagen, Germany (host provider)
(2) The Platform is country-specifically operated by Konica Minolta Business Solutions Belgium NV, Berkenlaan 8a-b, 1831 Diegem, VAT: 0863.205.176, info@konicaminolta.be; ( hereinafter called: “service provider” or Konica Minolta”).
(3) The Platform is exclusively reserved for the use by a) Konica Minolta’s partner which is authorized to distribute products from Konica Minolta and b) end customers from Konica Minolta (all together hereinafter referred to as “Customers” and individually as “Customer”).
(4) The Platform is made available free of charge unless otherwise specified. Any expenses or other costs deriving from or related to the use of the Platform (i.e. for Internet usage, self-administration or the acquisition of necessary hardware or software) shall be borne by the Customer.
(5) Konica Minolta reserves the right to terminate or change the services provided by the Platform anytime, in full or in part, at its own discretion.
(6) Konica Minolta or Konica Minolta Europe will not be liable if, for any reason, the Platform or parts thereof are unavailable at any time or for any period.
Section 2 - Use of the Platform
(1) Konica Minolta will provide upon customer’s request access data, which are necessary to utilize the Platform by Customer.
(2) Konica Minolta may deny, temporarily suspend/block or revoke the access to the Platform at its own discretion. It may do so in the event of a breach of the user's obligations under this section or in case of a breach of the underlying contractual obligations.
(3) Customer is prohibited from processing on the platform (i) data which are unlawful, defamatory, threatening, harmful or otherwise objectionable in any way; (ii) data which you are not entitled to process under any law or pursuant to a contractual relationships; (iii) data which constitute a violation of any third party's right, including but not limited to Intellectual Property Rights and Business Secrets. (iv) data which contains viruses or other harmful components.
(4) Only partners which have signed a Partner Agreement with Konica Minolta are entitled to distribute to end customers the products and services which are purchased through the Platform for the duration of the Partner Agreement.
(5) The Customer shall be solely responsible for keeping his access data (e.g. passwords and/or other account identifiers) safe and secure. He has to notify the operating Konica Minolta company immediately of any unauthorized use of his access data or account.
(6) The Customer shall be bound by every order which is placed via the platform utilizing his access data, and is solely responsible for all activities which occur under his account.
Section 3 - Terms and Conditions for orders and transactions
(1) The presentation of the products and services which can be ordered via the Platform, doesn’t represent a legally binding offer but rather an on-line catalogue without obligation. By clicking the order-button, a binding offer for the goods contained in the shopping list is established by the Customer.
(2) By receiving an (electronic) order acceptance from Konica Minolta the binding offer turns into a legally binding contract.
(3) This contract is, besides these eCommerce General Terms and Conditions, subject to the contractual arrangements and rules, which are previously agreed between Konica Minolta and the Customer.
(4) In case of any inconsistency or ambiguity between the terms and Conditions of the underlying contract and these Ecommerce General Terms and Conditions, the underlying contract prevails.
Section 4 - Final provisions
(1) Konica Minolta reserves the right, at its sole discretion, to change, modify, add, amend and remove any part of these Terms and Conditions from time to time. In case of changes, the Terms and Conditions applicable to the Customer at the time of placing an order, will apply respectively.
(2) These Terms and Conditions and every act resulting from the use of this Platform shall be governed by Belgian law.
(3) The Client expressly accepts the non-applicability of articles XII.6§1, 8° XII.7 § 1, XII.8 and XII.9 of the Code of Economic law.
(4) If a provision in these Terms and Conditions should be invalid or unfeasible, the remaining provisions or the remaining part of the provision shall remain in effect. Any such ineffective provision shall be replaced with another provision which fulfils the intention of the former provision and of these Terms and Conditions.