AGB

General terms and conditions of sale

Scope

These terms and conditions apply to all purchases at Makani ( imprint ), which are made by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far 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 possibility to place an order represents a concrete offer on our part to conclude a purchase contract.

By placing an 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 provided.

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can inform yourself about the details under [ Delivery and Shipping Costs ]. The regular costs of the return, which arise in the case of a return of the goods by you in exercise of your right of withdrawal [ right of withdrawal ], you bear.

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 is not obliged to perform. Already paid amounts will be refunded by Makani immediately.

(3) Makani is also entitled to refuse performance, if this requires an effort, which 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 dictates of good faith. Already paid amounts will be refunded by Makani immediately.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by forwarding agency. Makani explicitly points out that these goods 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 should be damaged by an opening for functional testing.

(2) The return costs are to be paid by the customer, if he makes use of his right of withdrawal.

Retention of title

The delivered goods remain property of Makani until the complete settlement of all claims against the customer resulting from the sales contract. 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) A product that is already defective at delivery (warranty case) will be replaced by a defect-free one or repaired professionally (supplementary performance) at the customer's option and at Makani's expense. The customer is informed that there is no warranty case if the product at the time of transfer of risk does not meet the requirements of the warranty. had the agreed quality. A warranty case does not exist in particular in the following cases:

  1. a) in the case of damage caused by misuse or improper use at the customer's premises,
  2. b) in case of damage caused by exposure of the products to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary 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.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance, considering the price of the product, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the importance of the defect and the question of 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. The right of Makani to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement the customer is obliged to send the product at Makani's expense to the return address given by Makani, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Makani is not obliged to inspect the product for the insertion of such items. Makani shall not be liable for the loss of such items, unless it was readily apparent to Makani at the time the Product was returned that such an item had been inserted into the Product (in which case Makani shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). In addition, before sending a Product for repair or replacement, the Customer shall, if applicable, make 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 for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating 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 provisions: 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 the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering 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 intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,

  1. a) if the defect entitling the buyer to withdraw from the contract only became apparent during processing or remodelling,
  2. b) if Makani is responsible for the deterioration or destruction of the product or the damage would also have occurred at Makani,
  3. c) if the deterioration or loss has occurred at the customer's premises, although the customer has exercised the care he is accustomed to exercising in his own affairs.

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

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract 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 shall be governed by the relevant warranty conditions.

(9) The legal warranty of Makani ends two years after delivery of the goods. The period starts with the receipt of the goods.

Liability

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

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

(3) Makani is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.

(4) Excluded is the personal liability of Makani's legal representatives, vicarious agents and employees for damages caused by them due to slight negligence.

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 the information you provided when placing your 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 concluding 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 shall be [the registered office of the operator of the online store].

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which can be found 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 Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

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