Terms and Conditions
General Terms and Conditions
Scope of Application
These terms and conditions apply to all purchases from MAKANI ( Imprint ) made by private customers.
For the purposes of these terms and conditions, private customers are individuals with a residence and delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or independent professional activities.
Conclusion of Contract
The presentation of our goods and the granting of the opportunity to place an order constitutes a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by email to the email address you provided.
Prices and Shipping Costs
The prices indicated are final prices including sales tax. The amount valid at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find details under [ Delivery and Shipping Costs ]. You bear the regular costs of return shipping, which arise in the event of a return of the goods by you in exercising your right of withdrawal [ Right of Withdrawal ].
Delivery
(1) Delivery will be made to the delivery address specified by the customer, within
- Germany
- Switzerland
- Austria
- EU
- USA
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other service permanently impossible, MAKANI's obligation to perform is excluded. MAKANI will immediately reimburse any amounts already paid.
(3) MAKANI may also refuse to perform if this requires an effort that, considering the content of the purchase agreement and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase agreement. MAKANI will immediately reimburse any amounts already paid.
(4) Bulky goods (packages with a volume larger than 1 cubic meter) are usually delivered by a forwarding agent. MAKANI expressly points out that these goods are not carried into the house.
Returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by opening it to test its functionality.
(2) The customer bears the direct costs of returning the goods when exercising the right of withdrawal. This applies to all countries except Switzerland.
(3) Customers from Switzerland or the USA do not have a right of withdrawal. Once the goods have been dispatched, it is no longer possible to cancel the purchase contract or return the goods.
(4) The return can only be accepted if the warranty seal is still on the product in its original condition. If this is not the case, the customer does not have the right to return the product.
(5) If the order includes a promotional item that is linked to a minimum order value or a specific item, it must also be returned if the minimum order value is not met or if the item is returned. Otherwise, the promotion used will be void and the promotional item will be invoiced retroactively. Any costs incurred will be borne by the customer.
(6) Returns can only be accepted in the warehouse. The address will be provided via the returns portal as soon as the return has been registered. Shipments to other addresses will be returned at the customer's expense or forwarded to the warehouse upon request.
Retention of Title
The delivered goods remain the property of MAKANI until all claims against the customer arising from the purchase contract have been fully settled. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) MAKANI will, at its own expense and at the customer's discretion, replace a product that was already defective upon delivery (warranty case) with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in particular in the following cases:
- a) for damages incurred by the customer due to misuse or improper handling,
- b) for damage caused by the products being exposed to harmful external influences at the customer's location (especially extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) MAKANI also provides no guarantee for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement or repair) requires an effort that, considering the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer's claim is limited to the other type of supplementary performance. MAKANI's right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the event of repair or replacement, the customer is obligated to send the product to the return address specified by MAKANI, including the order number, at MAKANI's expense. Before sending the product, the customer must remove any items they have inserted into the product. MAKANI is not obliged to inspect the product for the installation of such items. MAKANI is not liable for the loss of such items, unless it was readily apparent to MAKANI upon return of the product that such an item had been inserted into the product (in this case, MAKANI will inform the customer and hold the item for the customer to collect; the customer shall bear the costs incurred). Furthermore, before sending a product for repair or replacement, the customer must create separate backup copies of the system software, applications, and all data on the product on a separate data carrier and deactivate all passwords. We do not assume any liability for data loss. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned to them.
(5) If the customer sends the goods in order to receive a replacement product, the warranty for the defective product is based on the following: If the customer was able to use the goods in a faultless condition between delivery and return, they must reimburse the value of the benefits they derived from it. The customer shall provide compensation for any loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods not caused by the defect, in the period between delivery of the goods and return of the goods. The customer is not required to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation is also void for the return of a defective product in the event of a warranty claim,
- a) if the defect entitling you to withdraw only became apparent during processing or modification,
- b) if MAKANI is responsible for the deterioration or destruction, or if the damage would have occurred at MAKANI anyway,
- c) if the deterioration or destruction occurred while the customer was taking the same care as they would in their own affairs.
(6) The customer's obligation to pay compensation for a breach of the obligation to return the goods, for which the customer is responsible, is governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement has not led to a contractual condition of the product within a reasonable period.
(8) In addition, claims may also be made against the manufacturer under a guarantee granted by the manufacturer, which are governed by the relevant guarantee conditions.
(9) The legal guarantee of MAKANI ends one year after delivery of the goods. The period begins with receipt of the goods.
Liability
(1) In the event of slight negligence, MAKANI shall only be liable for breaches of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. MAKANI is not liable for other damages caused by slight negligence due to a defect in the purchased item.
(2) Irrespective of any fault on the part of MAKANI, MAKANI's liability for fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by MAKANI.
(3) MAKANI is also responsible for the accidental impossibility of delivery during its delay, unless the damage would have occurred even if the delivery had been on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of MAKANI for damages caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and MAKANI is exclusively subject to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the country in which you have your habitual residence.
Place of Jurisdiction
If, contrary to your information at the time of ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is [registered office of the operator of the online shop].
Dispute Resolution
General information obligations on alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the remainder of the contract, insofar as one contracting party is not unreasonably disadvantaged as a result.
(2) Amendments or supplements to this contract must be made in writing.