Conditions
General conditions of sale
scope
These terms and conditions apply to all purchases from Makani ( Imprint ) made by private customers.
Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or self-employed professional activity.
conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represent a concrete offer on our part to conclude a sales contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation via e-mail to the e-mail address you provided.
prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details under [ Delivery and shipping costs ]. You bear the regular costs of returning the goods if you return the goods by exercising your right of cancellation [ right of cancellation ].
Delivery
(1) Delivery will 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 delivery or any other service permanently impossible, Makani's obligation to perform is excluded. Amounts already paid will be refunded immediately by Makani.
(3) Makani can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by Makani.
(4) Bulky goods (packages with a volume of more than 1 square meter) are usually delivered by a forwarding agent. Makani expressly points out that these goods are not carried into the house.
return
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test.
(2) The customer bears the return costs if he makes use of his right of withdrawal.
(3) The return can only be accepted if the guarantee seal can still be found on the goods in their original condition. If this is not the case, the customer does not have the right of return.
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 nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.
defect rights
(1) A product that was already defective upon delivery (warranty case) will be replaced by Makani at the customer's option and at Makani's expense with a product that is free of defects or have it professionally repaired (subsequent performance). The customer is informed 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 the following cases in particular:
- a) in the event of damage caused by misuse or improper use by the customer,
- b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Makani also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's performance interest - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. Makani's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address provided by Makani at Makani's expense, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. Makani has no obligation to inspect the product for the incorporation of such items. Makani shall not be liable for the loss of such items unless Makani was able to readily identify at the time of taking back the product that such an item had been inserted into the product (in which case Makani will inform the customer and hold the item for the customer ready for collection; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,
- a) if the defect that entitles you to withdraw only became apparent during the processing or transformation,
- b) if Makani is responsible for the deterioration or the loss or if the damage would also have occurred at Makani,
- c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.
(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) Makani's statutory warranty ends two years after delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the case of slight negligence, Makani is only liable for the breach 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 damage caused by slight negligence due to a defect in the purchased item.
(2) Irrespective of whether Makani is at fault, Makani's liability in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's warranty is a guarantee given by the manufacturer and does not constitute an acceptance of any guarantee by Makani.
(3) Makani is also responsible for the accidental impossibility of delivery that occurs 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 damage 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 Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.
place of jurisdiction
If, contrary to your information when 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 filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [seat of the operator of the online shop].
dispute resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement 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 a dispute settlement procedure 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 rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.