Terms and Conditions
GENERAL BUSINESS TERMS AND CONDITIONS
Konica Minolta Business Solutions Romania srl
1. Subject matter
These general business terms and conditions (hereinafter: General Terms and Conditions) shall regulate the relations between the commercial company Konica Minolta Business Solutions Romania srl, with a registered address in Bucharest, 18 Copilului, ground-floor, District 1, Zip code 012178; registered with the Trade Register under no. J40 /1831/1991, Fiscal Registration Code RO 2786070 (hereinafter: Supplier) as part and the legal person who purchases the product from the site www.ecommerce.konicaminolta.ro (hereinafter: User) as the other party.
Special provisions differing from those of these General Terms and Conditions may be made by the Contracting Parties solely in writing. In cases where there are discrepancies between the Contract’s General Terms and Conditions and its special provisions, the special provisions shall have precedence.
For all mutual relations between the Supplier and the User, which are not specifically regulated by these General Terms and Conditions, all current regulations of Romanian law shall instead apply accordingly.
For this Contract shall apply to the applicable rules of law in Romania and if any of the terms of this Contract is held invalid by a court of competent jurisdiction, then any modification, cancellation of sections or even entire clauses will allow Contract main part remain valid, and this Contract will continue to be valid by applying objective exclusions or amendments in accordance with the requirements that would enable the Contract to remain valid.
2. Definition of terms
User - refers to the legal entity registered in Romania, which express their agreement to contract with the provider by sending purchase orders for the purpose of resale the Supplier’s Products
Supplier - refers to Konica Minolta Business Solutions Romania srl.
Contracting Parties – the User and the Supplier
Partnership Contract - refers to defining cooperation agreement to resell Supplier’s Products
Supplier’s Products - may be office equipment branded Konica Minolta/Develop sold on Romanian market - laser printers, multifunctional equipment, accessories and spare parts.
Force majeure
By way of example, without being limited set below, cases of force majeure can be:
i. force majeure, explosion, flood, storm, fire or accident;
ii. war or threat of war, sabotage, riots, civil wars or strikes;
iii. laws, restrictions, provisions, bans or measures of any type that are of the competence of state, parliamentary or local authorities;
iv. import and export regulations or embargo;
v. strikes, work stoppages or other labor actions or business disputes (whether it involves the employees of the Company or of a third party);
vi. difficulties in acquiring raw materials, labor force, fuels, parts or devices;
vii. power outages or device faults.
In cases of force majeure, agreed performance time frames shall not apply for the entire duration of the force majeure and for the duration of the consequences thereof, which prevent the fulfilment of contractual obligations. The contracting party to have had the force majeure shall undertake all measures to rectify or reduce the consequences of the force majeure event, as well as minimize any possible damages that the other Contracting Party may endure due to the event, and shall inform the other Contracting Party of the event.
3. Calculation, issuing invoices, and the payment terms and conditions
The payment terms and conditions for the procurement of the Products are defined by the Partnership Contract concluded between the Supplier and the User. The User shall settle the entire calculated invoice amount by the payment due date stated on the invoice. If the User is late in paying an invoice, the Supplier shall be entitled to calculate a default interest based Partnership Contract.
All prices shall be given in EURO without VAT, which shall be calculated in LEI with VAT according to current regulations of Romania. Conversion in LEI will be made at the rate set by the NBR at the invoice date.
4. Change of details and notifications
The User shall notify the Supplier in writing about all changes to the personal or identification details mentioned in the Contract regarding status, identity and registered addresses immediately but no later than 7 (seven) days of the day that the change occurs.
If the User fails to notify the Supplier of a change to the personal or identification details stated in the Contract within the time frame stipulated by these General Terms and Conditions, the User agrees that deliveries to the User shall be deemed complete by delivery to the last address reported in writing by the User.
5. Sales
Products that may be purchased, product specifications and price lists are available on www.ecommerce.konicaminolta.ro and the procurement process will be executed according to the user guide existing on www.ecommerce.konicaminolta.ro.
6. Shipment
All dates for shipment of the Product are estimates. The Supplier would not be responsible for any delay in the shipment of the Product caused in any way possible.
7. Risk
The risk of damage or loss of the Product shall be borne by the User from the time of signing of the document confirming receipt of the product. The User must carefully examine the product delivered on the outside (equipment packaging) and highlight any inconsistencies (ex. traces of impact) in handover that accompanies delivery and receipt to be submitted by the carrier. In this case, if proven at the product inspection, that the product shows traces blows the User is entitled to request replacement of the product.
8. Ownership
Regardless of shipment and transfer risk for Products, or any other provision of these General Terms and Conditions, Product property will be transferred from the date of product receipt.
9. Warranty
For any product of Supplier’s product range, the User shall exercise its rights under the terms of the warranty stipulated in the Warranty Certificate. All complaints about the quality/hidden defects of the Product shall be transmitted immediately in attention of the Supplier at the e-mail address reclamatii@konicaminolta.ro.
10. Data confidentiality
The Contracting Parties shall keep this Contract and its content confidential, and shall not, without the prior written consent of the other contracting party, disclose to unauthorized persons or any third party information concerning or in relation to this Contract.
Furthermore, the contracting parties jointly agree that each contracting party shall keep as a trade secret and deem confidential all details and information that they are privy to about the business, internal structure or other topics related to the other contracting party or individuals employed by the same party or by their business partners.
Each contracting party shall familiarize and oblige all employees or other persons participating in the performance of this Contract of this obligation.
The obligation of keeping business secrets is permanent and shall remain in force after the expiry of this Contract.
The contracting party directly involved shall be liable for violations of the obligation of keeping business secrets and the sharing of confidential data by employees or third parties, who based on any legal basis are participating in the performance of this Contract.
Infringement of the above obligations by one of the contracting parties constitutes a justified cause for the termination of the contract by the other contracting party, along with the right to compensation for any damages incurred.
Data about the User may be gathered, processed, sent or otherwise used for the initiation, conduct, conclusion and support of the Contract concluded with the User. The User’s contact details may be used and/or processed for promotional purposes without the User’s consent, under the proviso that the promotion in question involves a product or service related to the products and/or services that the User purchased from the Supplier. The contact person for the User shall have the right to complain about the use of data gathered, and if the User exercises its rights to complain about this, the User must inform thereof to the Supplier in writing, where in such cases the data may no longer be used for promotional purposes. If the Supplier has the right to access the User’s information systems, this right will be exercised solely for maintenance purposes by the Supplier.
11. Right to privacy
The User’s personal details obtained via on-line purchasing shall be protected and stored permanently. The User’s personal details will be used solely for the purposes of concluding and executing the contract and services that are the subject matter of these general terms and conditions. Personal details may also be used for informing Buyers of product offers and other similar forms of communication. All data about users and buyers shall be strictly stored and accessible only to employees with authorized access, and to those who require these data for the performance of their jobs. Buyers have the authority at any time to request that their personal data be supplemented, amended or deleted, as well as to refuse the processing of their personal data for contact purposes.