General conditions of sale

Scope

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 domicile 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 the contract

The presentation of our goods and the granting of the opportunity to order constitutes a concrete offer for the conclusion of a purchase contract on our part.

By placing your order you accept the offer and the purchase contract has been concluded.

You will receive an order confirmation by e-mail to the e-mail address provided by you.

Prices and shipping costs

The awarded prizes are final prices incl. VAT. The applicable amount is the amount stated at the time of the binding order. In addition, there are shipping costs, which depend on the type of shipment and the size and weight of the item(s) you have ordered. You can find out more about the details at [Link to "Shipping costs"]. You shall bear the regular costs of returning the goods that you incur in the event of a return of the goods in exercise of your right of withdrawal [link to "Right of withdrawal"].

Notice of Revocation

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons, provided that the warranty seal is present undamaged on the product. The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us, Makani GmbH, Obstmarschenweg 258, 21682 Stade, e-mail: kontakt@makani-germany. de, by means of a clear statement (e. g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period. You can use the attached model revocation form, but this is not mandatory.

Payment

Payment shall be made upon delivery by

• Credit card
• Direct debit
• Advance payment
  
• Instalment purchase
  
• Invoice
  
• PayPal
  
• Klarna.

Late Payment

If you are in default of payment, Makani is entitled to charge default interest in the amount of 5 percentage points above the base interest rate per annum announced by the Deutsche Bundesbank at the time of the order. If Makani has been proven to have incurred greater damage due to delay, Makani shall be entitled to assert such damage.

Right of Retention

The customer is only entitled to exercise a right of retention insofar as 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) renders delivery or any other service permanently impossible, Makani shall not be obliged to perform. Any sums already paid will be refunded immediately by Makani.

(3) Makani may also refuse the performance insofar as it requires an effort which, taking into account the content of the purchase contract and the bona fide requirements, is grossly disproportionate to the customer's interest in the performance of the purchase contract. Any sums already paid will be refunded immediately by Makani.

(4) Bulk goods (packages with a volume greater than 1 sqm) are usually delivered by forwarding. Makani expressly points out that this product will not be carried into the house.

Return

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged by an opening for functional testing.

(2) The cost of return shall be borne by the customer if he makes use of his right of withdrawal.

Retention of Title

The delivered goods remain the property of Makani until all claims arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may not resell the goods or dispose of the goods; in particular, the customer may not contractually grant third parties the use of the goods.

 

Defect Rights

(1) A defective product already on delivery (warranty case) shall be replaced by a defect-free product or professionally repaired by Makani at the customer's discretion (subsequent performance) at Makani's expense. The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A case of warranty does not exist in particular in the following cases:

a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by exposure of the products to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Makani does not guarantee any defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of additional performance requested by the customer (replacement delivery or repair) requires an expense which, in view of the price of the product, is grossly disproportionate to the customer's interest in performance, taking into account the content of the contract and the bona fide requirements, limiting in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question whether the other type of additional performance can be used without significant disadvantages for the customer. the right of the Customer to the respective other type of subsequent performance. The right of Makani to refuse also this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Makani at the expense of Makani, stating the order number. Before submission, the customer must remove items inserted by him from the product. Makani is under no obligation to examine the product for the installation of such items. Makani shall not be liable for the loss of such items, unless it was readily apparent to Makani at the time of return of the item that such item had been inserted into the item (in which case Makani shall inform the Customer and shall keep the item available for the Customer to collect; the Customer shall bear the costs incurred in doing so). In addition, prior to sending a Product for repair or replacement, Customer shall, if applicable, create separate backup copies of the System Software, Applications and all Data contained on the Product on a separate medium and deactivate all passwords. No liability for data loss is assumed. It is also the responsibility of the customer to install the software and data and to reactivate the passwords after the repaired or replacement product has been returned to him.

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following conditions: 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 uses made by him. The customer shall pay compensation for loss or further deterioration of the goods not caused by the defect and 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 does not have to pay compensation for the deterioration of the goods caused by the proper use of the goods. The obligation to compensate for the return of a defective product is also waived in the event of warranty,

1. a) if the defect justifying the withdrawal became apparent only during processing or transformation,
2. b) if Makani is responsible for the deterioration or loss or if the damage would have occurred to Makani,
3. c) if the deterioration or loss has occurred to the customer, although the customer has observed the due diligence which he usually applies in his own affairs.

(6) The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at his option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractual condition of the product within a reasonable period of time.

(8) There may also be claims against the manufacturer under a guarantee granted by him, subject to the corresponding guarantee conditions.

(9) The legal warranty of Makani expires two years from the date of delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence Makani shall be liable only for breach of essential contractual obligations and limited to foreseeable damage. This restriction does not apply to injury to life, body or health. Makani is not liable for any other damage caused by a defect in the purchased item due to slight negligence.

(2) Irrespective of any fault on the part of Makani, the liability of Makani in the event of fraudulent concealment of the defect or the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of any warranty by Makani.

(3) Makani shall also be liable for the accidental impossibility of delivery during its delay, unless the damage would have occurred even if it had been delivered on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Makani for damages caused by their slight negligence is excluded.

Applicable law

The contract concluded between you and Makani is exclusively governed by the law of the Federal Republic of Germany to the express exclusion of the UN Sales Law. This shall not affect the mandatory provisions of the country in which you have your habitual residence.

Jurisdiction

If, contrary to your information at the time of ordering, you do not have a domicile in the Federal Republic of Germany or after conclusion of the contract, you move your domicile abroad or your domicile is unknown at the time of filing the claim, the place of jurisdiction for all disputes arising out of and in connection with the contractual relationship is [seat of the operator of the online shop].

Settlement of Disputes

General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides an online dispute resolution (ODR) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.

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 contract insofar as a contractual partner is not unreasonably disadvantaged.

(2) Amendments or additions to this contract must be made in writing.