GTC
General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases from Makani [link to "Imprint"] made by private customers.
Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or 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 displayed are final prices, including VAT. The amount shown at the time of your confirmed order is the one that applies. Shipping costs will be added, which vary depending on the shipping method and the size and weight of the items you have ordered. You can find more details under [Link to 'Shipping Costs']. You are responsible for the standard costs of returning items should you exercise your right of withdrawal [Link to 'Right of Withdrawal'].
Cancellation Policy
Right to Cancel
You have the right to cancel this contract within fourteen days without giving any reason, provided that the warranty seal on the product is undamaged. The cancellation period is fourteen days from the day you, or a third party you named (who is not the carrier), received the goods. To exercise your right to cancel, you must inform us, MAKANI GmbH, Obstmarschenweg 258, 21682 Stade, E-Mail: kontakt@makani-germany.de, of your decision to cancel this contract with a clear statement (e.g., a letter sent by post, fax, or email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising the right to cancel before the cancellation period expires. You may use the attached sample cancellation form, but it is not mandatory.
Payment
Payment is made upon delivery by means of
- Credit card
- Direct debit
- Prepayment
- Installment purchase
- Invoice
- PayPal
- Klarna
Default of payment
If you fall behind on payments, MAKANI is entitled to demand default interest at a rate of 5 percentage points above the base interest rate announced by the German Federal Bank at the time of the order, per year. If MAKANI can prove that a higher loss due to default has occurred, MAKANI is entitled to claim this.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- Switzerland
- Austria
(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 may also decline to perform its obligations if doing so would involve an expense that, considering the purchase agreement's terms and the principles of good faith, is greatly out of proportion to the customer's interest in the contract's completion. Any amounts already paid will be promptly refunded by MAKANI.
(4) Bulky goods (packages larger than 1 square meter in volume) are typically delivered by a shipping company. MAKANI explicitly states that these items will not be carried inside the house.
Return shipment
(1) When returning the 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.
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.
Defect rights
(1) If a product is already defective at the time of delivery (warranty case), Makani will, at the customer's discretion and at Makani 's expense, replace it with a defect-free product 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) in the event of damage caused by the products being exposed to harmful external influences on the customer's premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Makani does not warrant 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, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.
(9) Makani 's statutory warranty period ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
For minor negligence, MAKANI is only responsible for breaches of fundamental contractual duties, and liability is limited to damages that could reasonably be foreseen. This limitation does not apply to harm to life, body, or health. MAKANI is not liable for any other damages caused by minor negligence resulting from a defect in the purchased item.
(2) Irrespective of any fault on the part of Makani , the liability of Makani for 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 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 subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
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 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 filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [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.