GENERAL TERMS AND CONDITIONS (GTC)
November 9, 2023

1. Applicability and scope

The following general terms and conditions (hereinafter referred to as “Terms and Conditions”) apply to all business relationships between MAKUMAYU GmbH (hereinafter referred to as “MAKUMAYU GmbH”, “us” or “we”) and the customers (hereinafter referred to as “customer”, “buyer” or “you ») for products (hereinafter referred to as “products” or “goods”) that are purchased via our website [www.makumayu.ch] (hereinafter referred to as “online shop” or “website”).
The online shop is operated by:
MAKUMAYU GmbH
c/o Marthaler, Schöneggstrasse 159, CH-8953 Dietikon
CHE-471,518,689
+41 (0)79 45 35 240
info (at) makumayu.ch
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Any conflicting conditions of the customer will not be recognized.

MAKUMAYU GmbH reserves the right to change these terms and conditions at any time. All changes will become effective upon publication of the new Terms and Conditions on the website. When purchasing a product, the relevant time for the applicability of the valid terms and conditions is the date on which the binding order is submitted to us.
Please read these Terms and Conditions carefully before placing a binding order. By bindingly ordering our products, you agree to the following terms and conditions and our privacy policy and that you are authorized to enter into legally binding contracts and are at least 18 years old.
 

2. Conclusion of a purchase contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. MAKUMAYU GmbH expressly reserves the right to change the products themselves as well as the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information related to our products are for informational purposes only and are not binding for MAKUMAYU GmbH.
The customer can place a binding order for the products they have selected via our online shop. The customer can place the products they select in the “shopping cart”. This is not yet considered a binding order. An order is only considered binding when the customer clicks on the [«order with payment»] button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, identify any input errors and, if necessary, correct them before the final binding order is submitted.
An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and our terms and conditions that you accepted during the ordering process. The confirmation email serves only to inform you that we have received your order. The automatic order confirmation does not yet result in a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them unconditionally. We recommend that you print out the terms and conditions for the purpose of online ordering and your documentation or save them on your computer.
After you have submitted a binding order, MAKUMAYU GmbH is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by email and without assuming any liability towards you or third parties. We will refund any payment you have already made if you cancel the order. Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment or if there is reason to believe that the customer is in breach of these Terms and Conditions, individual contracts, fraudulent or other criminal offenses activities or for another important reason.
When the order is accepted, a binding purchase contract is created with the customer. This acceptance occurs by shipping the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
 

3. Availability and reservation of performance for products that cannot be delivered

All information regarding the availability, shipping and delivery of a product is preliminary and approximate. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.
Our products are available while our stocks last. If MAKUMAYU GmbH discovers when processing your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable products is not concluded because the ordered products cannot be delivered.
We further reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.
 

4. Prices and shipping costs

Our products and prices are those stated on the website. All prices are stated in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all additional costs and shipping costs, will be displayed at the end of the ordering process.
By placing a binding order, you declare that you agree to the total price for the ordered products. After the binding order, the price can no longer be adjusted.
MAKUMAYU GmbH reserves the right to change prices at any time. The products will be invoiced based on the prices offered at the time of placing the binding order.

5. Payment terms/credit check

Orders are generally due for payment immediately.
The customer has the option of paying using the payment methods displayed on the website or in the ordering process. These may change from time to time. We also reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (for example, to hedge our credit risk, only those that correspond to the respective creditworthiness). MAKUMAYU GmbH is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on the customer's data to third parties for this purpose.

By choosing the payment method, the customer authorizes the payment either by entering credit card details or access data from a payment service provider. The customer authorizes MAKUMAYU GmbH to accept or collect payments in the appropriate manner. If there are chargebacks, MAKUMAYU GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, MAKUMAYU GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or alternative payment method, we reserve the right to check the validity of the card, control the collection availability parameters and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is refused, MAKUMAYU GmbH reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.  

When paying by invoice, the customer receives the invoice with a payment slip with the delivery of the goods or by email. Payment must be made using the payment slip within the payment deadline stated on the invoice. If payment is not made on time, MAKUMAYU GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with debt collection as well as statutory default interest. If it becomes necessary to initiate debt enforcement, we will charge an additional processing fee of at least CHF 200.  

6. Delivery conditions

Delivery is generally carried out via the Swiss Post AG delivery service. For deliveries to Switzerland, the shipping costs for orders over CHF 100 will be covered by MAKUMAYU GmbH. The products you order from our online store that are in stock will be delivered to you within 5-7 business days of receipt of full payment, depending on the destination.
If the products are marked as out of stock when ordering, MAKUMAYU GmbH will endeavor to deliver the products as quickly as possible. MAKUMAYU GmbH does everything in its power to adhere to the specified delivery times.

 

However, MAKUMAYU GmbH is not responsible for delivery delays, regardless of their causes. We will inform you immediately about any delivery delays that occur.
If the impediment to service lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, particularly claims for damages, are excluded.
If delivery of the product fails due to the customer's fault despite three delivery attempts, MAKUMAYU GmbH can withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of title

MAKUMAYU GmbH remains the owner of the delivered products until they have been paid for in full.
 

8. Right of withdrawal and return
 

requirements

For all purchases of our products via our online shop (with the exception of certain products; see the cancellation restrictions below), MAKUMAYU GmbH grants the customer a voluntary right of cancellation within 14 days of receipt of the products, without the customer having to give reasons for this . The customer can withdraw from the contract within 14 days of receiving the goods by sending the goods back to us or informing us of the withdrawal in text form (e.g. letter, email, fax). The 14-day return period begins on the day after receipt of the goods and is met if the goods or the cancellation notice are handed over to the post office or another transport company for return or shipping on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return receipt must be returned to the following address:
MAKUMAYU GmbH, c/o Marthaler, Schöneggstrasse 159. CH-8953 Dietikon +41(0)794535240, info@makumayu.ch
 

Follow

The return of a product is at the customer's expense and risk. Please have your return confirmed and keep this confirmation. In the event of a package loss, your return can only be credited upon presentation of this document.
If the goods are returned properly, we will refund the total price paid by the customer no later than 14 days from the day on which we received the goods. The repayment depends on the payment method originally used and is always made to the associated account that was used for the payment, unless something else was expressly agreed with you. Please ensure that you have access to the specified bank account as MAKUMAYU GmbH assumes no liability in this regard. The refund will be made within 30 days of receipt of the goods by MAKUMAYU GmbH.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
 

Restrictions on Cancellation

The right of withdrawal does not apply to contracts for the delivery of products that have been individually manufactured according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products), or if the delivery concerns products that are necessary for health or hygiene reasons are not suitable for return and whose packaging was opened after delivery.
 

9. Notification of defects/warranty

MAKUMAYU GmbH guarantees that the goods correspond to the guaranteed properties and have no defects that affect their value or suitability for the intended use.
After receiving the products, the customer must immediately check them for accuracy, completeness and any damage. Errors or damage must be reported to MAKUMAYU GmbH within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that were damaged through the buyer's own fault (dirt, use of clothing).

The customer's warranty claims are limited to replacement delivery or elimination of defects/repair to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. MAKUMAYU GmbH decides at its own discretion about replacement delivery or repair. If subsequent delivery or repair fails, the customer is entitled to withdraw from the contract if there are significant defects.
To report a complaint or have service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
MAKUMAYU GmbH, c/o Marthaler, Schöneggstrasse 159, CH-8953 Dietikon, +41(0)794535240, info (at) makumayu.ch
 

The defective product must be returned to the above address of MAKUMAYU GmbH with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Please have your return confirmed and keep this confirmation as in the event of a lost package your warranty claim cannot be processed.  
 

10. Registering for an Account

When you register a customer account, you can view information about your completed, open and recently shipped orders and manage and save your address details, any payment details and any newsletter. Because your details are saved, you don't have to enter them again if you make another purchase.

If you register for such an account, you are responsible for ensuring that your personal information required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. MAKUMAYU GmbH guarantees that your data will be treated confidentially and will not be passed on to unauthorized third parties. For further information on data protection, please see our data protection declaration on our website[here]

Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to warn, block or delete or change the content of registered customers who violate these General Terms and Conditions or individual agreements.
MAKUMAYU GmbH is not obliged to accept the registration or order of a registered customer.

11. Complaints and Complaints

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided above. We aim to consider your inquiries and complaints as quickly as possible and will contact you upon receipt of the documentation or your submission or complaint. If you have any complaints or complaints, please help us by informing us of the exact problem or error signs and, if necessary, provide a copy of the order documents or at least provide the order number, customer number, etc. We aim to respond to you within 5 business days.

12. Liability

If MAKUMAYU GmbH violates its own obligations under these General Terms and Conditions and the contractual relationships based on them, it is liable for damages caused and proven by it through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort or for any other reason, is expressly excluded. Examples of indirect damage include lost profits, financial losses, reputational damage or loss of data due to temporary impairments or interruptions in the availability of MAKUMAYU GmbH's services. In addition, MAKUMAYU GmbH assumes no contractual or non-contractual liability for damage caused by auxiliary persons called upon to provide the service.

The above exclusions and limitations of MAKUMAYU GmbH's liability do not apply in the event of culpable injury to life, body and health caused directly by MAKUMAYU GmbH or in the case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.
Event beyond our control
If an event occurs that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for non-fulfillment or late performance of any obligations arising from these General Terms and Conditions and the contractual relationship based on them. An event beyond our control occurs, for example, in the following cases:
In the event of strikes, lockdowns or other industrial acts by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, Shipping, air, motor routes or other means of public or private transport.
If an event outside our control occurs that affects the performance of our obligations under the contract, we will inform you as soon as possible.

13. Data Protection

MAKUMAYU GmbH collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declarationhere, which forms an integral part of these General Terms and Conditions.

14. Copyright

The information and content published on the website is protected by copyright and is the property of MAKUMAYU GmbH or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. MAKUMAYU GmbH and the corresponding rights holder expressly reserve all rights in this regard.

15. Severability clause

If any provision of these Terms and Conditions is or becomes unlawful, invalid or unenforceable for any reason, this will not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed to be replaced by an effective provision that takes the economic purpose of the provision and the will of the parties into account as far as possible at the time the contract is concluded. The same applies to any gaps in these terms and conditions.

16. Applicable Law and Place of Jurisdiction

Substantive Swiss law applies exclusively to these General Terms and Conditions, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the headquarters of MAKUMAYU GmbH or the customer's place of residence. For legal entities, only the registered office of MAKUMAYU GmbH applies as the place of jurisdiction.