GTC
General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases from Makani ( Legal notice ) that are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them can neither be attributed to their commercial nor their independent professional activity.
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 e-mail to the e-mail address you have provided.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under [ Delivery and shipping costs ]. You shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of withdrawal [ right of withdrawal ].
Delivery
(1) Delivery shall 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 the delivery or any other service permanently impossible, Makani's obligation to perform is excluded. Amounts already paid will be refunded by Makani immediately.
(3) Makani can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by Makani immediately.
(4) Bulky goods (packages with a volume greater than 1 square 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 goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.
(2) The customer shall bear the return costs if he exercises his right of withdrawal. This applies to all countries except Switzerland and the US.
(3) There is no right of withdrawal for customers from Switzerland or the USA. 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 contains a promotional item that is linked to a minimum order value or a specific item, this item must also be returned if the minimum order value is not reached or if the item is returned. Otherwise the promotional item will be invoiced retrospectively. Any costs incurred will be borne by the customer.
Retention of title
The delivered goods remain the property of Makani until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Warranty rights
(1) If a product is already defective at the time of delivery (warranty case), Makani will, at the customer's discretion, replace it with a defect-free product at Makani's expense or have it professionally repaired (supplementary performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. In particular, a warranty case does not exist in the following cases:
- a) in the event of damage caused to the customer through misuse or improper use,
- b) for damage resulting from 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) Furthermore, Makani 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, the content of the contract, and the principles of good faith, is grossly disproportionate to the customer's interest in performance—taking into account, in particular, the value of the item in perfect condition, the significance of the defect, and whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer—the customer's claim is limited to the respective 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 either a repair or a replacement, the customer is obligated to send the product, at Makani's expense, to the return address specified by Makani, quoting the order number. 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. No liability is assumed for data loss. It is also the customer's responsibility, after the repaired product or the replacement product has been returned to them, to install the software and data and reactivate the passwords.
(5) If the customer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits they derived from them. The customer shall provide compensation for any loss or further deterioration of the goods not caused by the defect, as well as for any impossibility of returning the goods not caused by the defect, during 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 their intended use. The obligation to pay compensation shall also not apply to 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 even at Makani,
- c) if the deterioration or destruction occurred at the customer's location, even though the customer exercised the same care they would in their own affairs.
(6) The customer's obligation to pay compensation for a breach of the return obligation for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if the repair or replacement does not restore the product to a condition in accordance with the contract within a reasonable period.
(8) In addition, claims may also be made against the manufacturer under a guarantee provided by the manufacturer, which shall be governed by the relevant guarantee conditions.
(9) MAKANI's statutory warranty ends one year after delivery of the goods. The period begins upon receipt of the goods.
Liability
(1) In cases of slight negligence, MAKANI shall only be liable for breaches of essential contractual obligations, limited to the foreseeable damage. This limitation does not apply to injury to life, body, or health. MAKANI is not liable for other damages caused by slight negligence due to a defect in the purchased item.
(2) Regardless of any fault on the part of MAKANI, MAKANI remains liable for fraudulent concealment of a defect or from the assumption of a guarantee. The manufacturer's warranty is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by MAKANI.
(3) MAKANI is also responsible for the accidental impossibility of delivery occurring during its delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of MAKANI's legal representatives, vicarious agents, and employees 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, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of Jurisdiction
If, contrary to your statements when placing the order, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after the conclusion of the contract, or if your place of residence is unknown at the time the lawsuit is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [Location of the online shop operator].
Dispute Resolution
General information obligations regarding alternative dispute resolution according 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 ineffective or void, this shall not affect the effectiveness 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.