General Terms and Conditions of Konica Minolta Business Solutions Europe GmbH for the Production and Supply of Printing System Decorative Transparencies

- valid as from 11.04.2016 -

1.1 These General Terms and Conditions shall apply to all orders placed by commercial customers via the website http://decor.develop.eu used by Konica Minolta Business Solutions Europe GmbH (hereinafter referred to as "Konica Minolta") as a basis for producing decorative transparencies for "DEVELOP" printing systems and supplying these to customers.

1.2 General Terms and Conditions of the customer shall not form part of the contract, even if Konica Minolta has not expressly objected to their applicability at the time the contract was concluded. Any provision to the contrary shall only be valid if and insofar as Konica Minolta has agreed in writing to the inclusion of the General Terms and Conditions of the customer.

2.1 Decorative transparencies for "DEVELOP" printing systems, either predefined by Konica Minolta or manufactured in accordance with customer requirements, can be ordered via the website http://decor.develop.eu

2.2 By clicking on the "Place your order" button, the customer places a legally binding order for the production and supply of the decorative transparency currently in the basket. The customer can amend and view their details at any time before submitting the order.

2.3 Konica Minolta or a service provider commissioned with service provision by Konica Minolta will check the transferred order details immediately. After being checked, the contract is concluded upon a declaration of acceptance provided by Konica Minolta or the service provider commissioned with service provision, which is then sent to the e-mail address specified by the customer.

3.1 Where the customer provides Konica Minolta with their own image material for the production of a decorative transparency, this shall only be stored until the order has been completed. There shall be no archiving beyond this time; liability for any subsequent loss and/or restoration or return of the image material is excluded.

3.2 Where the customer provides Konica Minolta with their own image material for the production of a decorative transparency, the former shall ensure that no standards of criminal law or the law on administrative offices, or any individual rights of third parties (particularly trademark, copyright or personal rights), are violated as a result. The customer shall 

  a. indemnify Konica Minolta and, where applicable, the service provider commissioned with service provision by Konica Minolta from all third-party claims against Konica Minolta or the service provider commissioned with service provision by Konica Minolta that arise as a result of such a violation, and
  b. reimburse Konica Minolta and, where applicable, the service provider commissioned with service provision by Konica Minolta for all costs that arise as a result of legal claims by third parties.

3.3 Konica Minolta is entitled to refuse to process image material which is clearly unlawful or which is sexist or discriminatory or glorifies violence

4.1 The production and supply of the commissioned decorative transparency shall not be remunerated separately, since these services are already covered through the purchase of a credit note that entitles the customer to use the website http://decor.develop.eu

4.2 The goods shall be delivered by post at the expense of Konica Minolta; any customs duties shall be borne by the customer.

4.3 The risk is transferred to the customer upon handover of the goods (which shall be considered to take place at the start of the loading process) to the forwarder, carrier or any other third party designated to carry out the dispatch.

5.1 Konica Minolta shall be liable as defined by the statutory provisions for 

  a. loss or damage due to deliberate intent or gross negligence on the part of Konica Minolta,
  b. loss or damage against which Konica Minolta has provided a guarantee,
  c. loss or damage due to a fraudulently concealed deficiency on the part of Konica Minolta,
  d. loss or damage for which Konica Minolta is liable under the product liability legislation, and
  e. loss of life, physical injury or damage to health attributable to Konica Minolta.

5.2 For property damage and financial loss caused by minor negligence, Konica Minolta shall be liable as follows: If the loss or damage is due to a failure to meet a contractual obligation the fulfilment of which is fundamental to the proper performance of the contract in the first place and which the contracting party could be expected to rely upon the fulfilment of (cardinal duty), liability shall be limited to loss or damage typical of the contract, i.e. such that is foreseeable at the time the contract is concluded when exercising proper care. In this respect, liability shall be limited to the value of the credit note as specified under Item 4.1. 

5.3 If the property damage or financial loss results from breach due to minor negligence of a contractual obligation that is not a cardinal obligation within the meaning of Item 5.2, liability shall be excluded.

5.4 Compensation claims for property damage or financial loss within the meaning of Item 5.2 shall expire when one year has elapsed from the date on which the occurrence of the damage became known to the customer.

5.5 The aforesaid liability regulations shall apply to all vicarious agents of Konica Minolta and shall be applicable accordingly to any claims by the customer for reimbursement of expenses under Section 284 of the German Civil Code (BGB).

6.1 Konica Minolta collects and saves the following personal data in association with conclusion of the contract: 

  a. Salutation;
  b. Last name
  c. First name
  d. Company name
  e. Street
  f. ZIP code
  g. City
  h. Email address
  i. Phone
  j. Country

6.2 Konica Minolta uses and processes the data collected to the extent required to execute the contract. This includes the appropriate transfer of data to a service provider commissioned with service provision by Konica Minolta.

6.3 The use or processing of data for purposes other than those described under Item 6.2 shall not take place unless the customer provides consent to this.

7.1 These General Terms and Conditions and all contracts into which they are incorporated shall be subject solely to German law, to the exclusion of the provisions on the conflict of laws and the United Nations Convention on the International Sale of Goods (CISG).

7.2 For all legal disputes arising from contractual relationships that include these General Terms and Conditions, the specific place of jurisdiction shall be the registered office of Konica Minolta.

7.3 If one clause of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the other clauses and of the contract concluded on the basis of these General Terms and Conditions shall not thereby be affected.