GTC
General Terms and Conditions of Sale
Scope of Application
These Terms and Conditions apply to all purchases made by private customers from MAKANI ( Imprint ).
For the purpose of these terms, private customers are individuals residing and having a delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to either their commercial or independent professional activity.
Conclusion of Contract
The presentation of our goods and the option to place an order constitutes a binding offer from us to conclude a purchase agreement.
By placing your order, you accept this offer, and the purchase agreement is concluded.
You will receive an order confirmation via email to the address you provided.
Prices and Shipping Costs
The prices displayed are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs will be added, which depend on the shipping method, size, and weight of the item(s) you ordered. You can find details under [ Delivery and Shipping Costs ]. Any additional customs duties, taxes, and fees incurred for shipments outside the EU must be borne by the recipient and are not included in the purchase price. You are responsible for the regular costs of returning goods if you return them when 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 (such as natural disasters, war, civil war, or terrorist attacks) makes delivery or any other service permanently impossible, MAKANI is released from its obligation to perform. Any amounts already paid will be refunded by MAKANI without delay.
(3) Furthermore, MAKANI may refuse to perform if doing so would require an effort that, considering the terms of the purchase agreement and the principles of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the agreement. Any amounts already paid will be refunded by MAKANI without delay.
(4) Bulky goods (packages larger than 1 square meter) are typically delivered by a freight forwarder. MAKANI explicitly states that these items will not be carried into the customer's home.
Returns
(1) When returning goods and accessories, please use the original packaging if possible, even if it has been opened or damaged 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.
(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 found on the goods in their original condition. If this is not the case, the customer does not have the right to return the goods.
(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 subsequently invoiced. Any costs incurred will be borne by the customer.
(6) Returns can only be accepted at the warehouse. The address will be provided via the returns portal once the return has been registered. Shipments sent to other addresses will either be returned at the customer's expense or, if requested, forwarded to the warehouse.
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 nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) If a product is already defective upon delivery (a warranty claim), MAKANI will, at the customer's choice and at MAKANI's expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed-upon quality at the time of risk transfer. Specifically, a warranty claim does not exist in the following cases:
- a) in the event of damage caused to the customer through misuse or improper use,
- b) in the event of damage caused by the products being exposed to harmful external influences on the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Makani also provides no warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
If the customer asks for a specific way to fix a problem (either a replacement or a repair), and this choice would cost too much compared to the product's price, the contract rules, and general fairness – especially when we consider the item's value if it had no defects, how serious the defect is, and if the other way to fix it can be done without causing the customer major problems – then the customer can only choose the other way to fix the problem. MAKANI still has the right to refuse even this alternative solution if the same conditions apply.
(4) For both repairs and replacements, the customer must send the product to the return address provided by Makani, at Makani's expense, and include the order number. Before sending the product, the customer must remove any items they have placed inside it. Makani is not required to check the product for such inserted items. Makani is not responsible for the loss of these items, unless it was immediately clear to Makani upon receiving the product that such an item had been inserted (in which case, Makani will inform the customer and hold the item for collection; the customer will cover the related costs). Additionally, before sending a product for repair or exchange, the customer must, if necessary, create separate backup copies of any system software, applications, and all data on the product to a separate storage device and deactivate all passwords. Makani does not accept liability for data loss. Similarly, after the repaired or replacement product has been returned to the customer, it is their responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation shall not apply to the return of a defective product in the event of a warranty claim,
- a) if the defect justifying withdrawal only became apparent during processing or transformation,
- b) if Makani is responsible for the deterioration or loss or if the damage would also have occurred at Makani ,
- c) if the deterioration or loss has occurred at the customer's premises even though the customer has exercised the care that he is used to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be 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 delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, claims may also exist against the manufacturer within the framework of a guarantee granted by the manufacturer, which are governed by the corresponding guarantee conditions.
(9) Makani 's statutory warranty ends one year after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In case of slight negligence, Makani is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, body and health. Makani is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Irrespective of a fault of Makani , a liability of Makani in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by Makani .
(3) Makani is also responsible for the impossibility of delivery occurring by chance 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 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 country 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 conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [registered office of the operator of the online store].
Dispute resolution
General information obligations for alternative dispute resolution in accordance with 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 neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.