Terms of service
General Terms and Conditions
of
Make ma GmbH
Lademannbogen 15
22339 Hamburg
Germany
Managing directors: Marit Warncke and Mark Warncke
Last updated: August 2026
§ 1 Scope
(1) These General Terms and Conditions (the “Terms”) apply to all contracts between Make ma GmbH (“Make ma”, “we” or “us”) and its customers through the online shop at www.makema.de and to orders placed by telephone, email or in our physical store, insofar as these Terms are referred to.
(2) These Terms apply both to consumers within the meaning of section 13 of the German Civil Code (BGB) and to business customers within the meaning of section 14 BGB. The special provisions in § 21 of these Terms additionally apply to business customers. In the event of a conflict, the provisions for business customers take precedence over the general provisions.
(3) A consumer is any natural person who enters into a legal transaction predominantly for private purposes.
(4) A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.
(5) Any differing, conflicting or supplementary general terms and conditions of the customer become part of the contract only if their application has been expressly agreed to in writing.
§ 2 Contracting party
The purchase contract is concluded with
Make ma GmbH
Lademannbogen 15
22339 Hamburg
Commercial register: Hamburg Local Court
Managing directors:
- Marit Warncke
- Mark Warncke
Email: fragen@makema.de
§ 3 Subject matter of the contract
(1) The contract concerns the sale of products and services from the range offered by Make ma GmbH.
These include, in particular:
- sewing machines
- embroidery machines
- overlock and coverstitch machines
- multi-needle embroidery machines
- cutting machines
- software and software licences
- embroidery hoops
- presser feet
- spare parts
- accessories
- threads
- needles
- stabilisers
- cutting tools
- courses
- workshops
- training
- consulting services
- repair and workshop services
- digital content
- gift vouchers
(2) Product listings in the online shop do not constitute legally binding offers, but non-binding invitations to place an order.
(3) We reserve the right to make technical changes, model updates and minor changes to colour, shape, equipment or design, provided these are reasonable for the customer and do not materially impair usability.
(4) Product images are for illustration and may differ slightly from the actual product, particularly due to differences in screen display.
§ 4 Formation of the contract
(1) Listing a product in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By clicking “Buy now”, “Order with obligation to pay” or a correspondingly labelled button, the customer submits a binding offer to conclude a purchase contract.
(3) After the order is received, the customer initially receives an automated acknowledgement of receipt. This does not yet constitute acceptance of the offer.
(4) The contract is formed only upon
- an express order confirmation,
- dispatch of the goods, or
- provision of digital content.
(5) We reserve the right to reject orders, in particular where
- products are unavailable,
- there are obvious pricing or system errors,
- misuse is suspected,
- legal provisions prevent fulfilment, or
- business status cannot be demonstrated for a B2B purchase.
There is no entitlement to the conclusion of a contract.
§ 5 Customer account
(1) A customer account may be required or useful for certain functions of our online shop.
(2) The customer must provide complete and truthful information.
(3) Changes to customer details, particularly postal address, email address or billing address, must be updated in the account without delay.
(4) Access credentials must be kept confidential and must not be made available to third parties.
(5) The customer is liable for all activity conducted using their account insofar as they are responsible for it.
(6) We reserve the right to suspend or delete customer accounts if
- false information has been provided,
- misuse occurs,
- these Terms are breached, or
- the legitimate interests of Make ma GmbH require it.
§ 6 Prices
(1) All prices for consumers include the applicable statutory value added tax.
(2) Registered business customers may be shown net prices, depending on their account or catalogue. In this case, statutory value added tax is shown separately.
(3) The prices applicable at the time of ordering are binding.
(4) Shipping costs are shown separately during checkout.
(5) Cross-border deliveries may incur additional taxes, customs duties or fees payable by the customer.
§ 7 Payment terms
(1) The payment methods offered during checkout apply.
(2) The respective payment method is charged in accordance with the payment provider’s terms.
(3) If advance payment is selected, the goods are dispatched only after full payment has been received.
(4) We reserve the right to exclude individual payment methods for certain products, order values or customers.
(5) If the customer defaults on payment, the statutory provisions on default apply.
§ 8 Delivery
(1) Goods are delivered to the delivery address provided by the customer.
(2) Delivery periods are non-binding estimates unless a binding delivery date has been expressly agreed.
(3) If an ordered item is exceptionally unavailable, we will inform the customer without delay. Any payments already made will be refunded in this case.
(4) Partial deliveries are permitted insofar as they are reasonable for the customer.
(5) Collection from the Make ma GmbH showroom in Hamburg is possible following prior confirmation.
(6) Freight deliveries are generally made to the kerbside unless otherwise agreed.
§ 9 Consumers’ right of withdrawal
(1) Consumers generally have a statutory right of withdrawal for distance contracts in accordance with the applicable legal provisions.
(2) Details are set out in the separate withdrawal instructions, which form part of these Terms.
(3) Business customers within the meaning of section 14 BGB have no statutory right of withdrawal.
§ 10 Returns
10.1 General provisions
(1) Returns should, if possible, be notified to our service team in advance. This serves solely to facilitate prompt processing and is not a condition for exercising statutory rights.
(2) Goods must be packed securely for transport. The original packaging should be used where possible.
(3) An order number or copy of the invoice should be enclosed with the return.
10.2 Return shipping costs upon withdrawal
(1) In the event of a valid withdrawal, the consumer bears the direct cost of returning the goods unless otherwise agreed.
(2) This also applies to bulky goods or machines that, due to their nature, cannot be sent as an ordinary parcel.
10.3 Compensation for diminished value
(1) The consumer is liable for any diminished value of the goods only if it results from handling beyond what is necessary to establish their nature, characteristics and functioning.
(2) Compensation for diminished value may be considered, in particular, in the case of
- signs of use,
- soiling,
- damage,
- missing accessories,
- damaged original packaging,
- removed protective films or seals,
- improper initial operation.
10.4 Exclusions
Statutory exclusions from the right of withdrawal remain unaffected.
These include, in particular,
- custom-made products,
- personalised goods,
- unsealed software,
- activated licence keys,
- digital downloads once performance has begun, provided the statutory requirements are met.
§ 11 Repairs and workshop services
11.1 Scope
The following provisions apply to all repairs, maintenance, inspections, fault diagnosis and services provided by Make ma GmbH.
11.2 Sending in equipment
(1) Machines must be packed securely for transport.
(2) The customer is responsible for suitable packaging.
(3) The sender bears the cost of transport damage resulting from inadequate packaging.
(4) Accessories should be included only if required for fault analysis or requested by us.
11.3 Shipping to the workshop
The customer may
- deliver the machine personally to the showroom, or
- send it with sufficient insurance.
The customer bears the cost of sending in the machine unless otherwise required by law.
11.4 Fault description
The customer should enclose a fault description that is as precise as possible.
This includes, for example,
- the material used,
- thread,
- needle,
- embroidery stabiliser,
- settings,
- when the fault occurs,
- photos or videos.
A complete fault description facilitates and speeds up processing.
§ 12 Estimates
(1) If a repair is chargeable, the customer will receive an estimate before work begins upon request or where customary.
(2) Repairs begin only after the customer has approved them.
(3) If additional repair work becomes necessary during the repair, we will inform the customer before performing further chargeable work, insofar as this is reasonable.
§ 13 Inspection where there is no technical defect
(1) Not every complaint constitutes a defect or a case covered by a guarantee.
(2) If our inspection shows that
- there is no technical defect,
- the machine is functioning correctly, or
- the complaint results from operating errors or external circumstances,
the inspection and diagnostic work incurred may be charged in accordance with the statutory provisions.
Typical causes include, in particular,
- unsuitable thread,
- damaged or unsuitable needles,
- incorrect bobbins,
- unsuitable embroidery stabiliser,
- unsuitable fabrics,
- incorrect thread tension,
- incorrect settings,
- lack of cleaning or lubrication,
- accumulated lint,
- use other than for the intended purpose.
§ 14 Statutory warranty rights
14.1 Consumers
Consumers have the statutory rights in respect of defects.
14.2 Business customers
The special provisions in § 21 of these Terms additionally apply to business customers.
14.3 Remedying defects
In the event of a defect, we are entitled, at our discretion, to
- repair the goods, or
- supply a replacement,
to the extent permitted by law.
14.4 Exclusion
Statutory warranty rights do not cover, in particular, damage resulting from
- normal wear and tear,
- improper use,
- lack of maintenance,
- modifications by the customer,
- unapproved accessories,
- intervention by third parties,
- transport damage after the risk has passed.
This does not affect the consumer’s statutory rights where an actual defect exists.
§ 15 Manufacturer’s guarantee
(1) Where a product has a manufacturer’s guarantee, it is governed exclusively by the guarantee terms of the respective manufacturer.
(2) The manufacturer’s guarantee is independent of statutory rights in respect of defects.
(3) Make ma GmbH does not provide any guarantee commitments beyond the respective manufacturer’s guarantee unless expressly agreed in writing.
§ 16 Return shipment following workshop service
(1) After a chargeable repair has been completed, the return shipment will be sufficiently insured.
(2) The customer bears the return shipping costs to the extent permitted by law.
(3) Shipping costs depend on size, weight, insured value and shipping method.
§ 17 Digital products, software and licence keys
17.1 Scope
This section applies in particular to
- software licences,
- activation keys,
- digital downloads,
- online courses,
- digital embroidery files,
- firmware updates,
- digital gift vouchers, and
- other digital content.
17.2 Provision
(1) Content is generally provided electronically by email, download or activation.
(2) The customer must provide a valid email address and ensure that the technical requirements for receiving digital content are met.
17.3 Rights of use
(1) Unless expressly agreed otherwise, the customer receives a non-exclusive, non-transferable right of use within the scope of the respective manufacturer’s or licence terms.
(2) Redistribution, reproduction or making content publicly available is permitted only where expressly authorised.
17.4 Returns of digital products
The statutory provisions apply to digital content.
To the extent permitted by law, returns or refunds are excluded in particular where
- a licence key has already been provided or activated,
- a download has started,
- software has been registered, or
- the customer has expressly agreed that performance of the contract may begin before the withdrawal period expires and acknowledges that this results in the loss of their right of withdrawal.
§ 18 Vouchers
18.1 Gift vouchers
(1) Gift vouchers may be redeemed only within their stated validity period.
(2) Payment in cash is excluded to the extent permitted by law.
(3) Any remaining balance stays on the voucher.
18.2 Promotional vouchers
Promotional vouchers are valid only during the stated period and under the respective promotional conditions.
Combining them with other discount promotions may be excluded.
§ 19 Workshops, training and consulting
(1) Booked training, workshops or consulting services are subject to the conditions stated at the time of booking.
(2) If an appointment cannot take place for reasons beyond our responsibility, an alternative date will be offered or fees already paid will be refunded.
(3) Further claims exist only within the limits of statutory provisions.
§ 20 Liability
20.1 General liability
We are liable without limitation
- in cases of intent,
- in cases of gross negligence,
- for damage resulting from injury to life, body or health,
- under the German Product Liability Act, and
- in cases where liability is mandatory by law.
20.2 Ordinary negligence
In cases of ordinary negligence, we are liable only for breaches of essential contractual obligations (cardinal obligations).
In this case, liability is limited to the foreseeable damage typical of the contract.
20.3 Exclusion of liability
Otherwise, liability for ordinary negligence is excluded to the extent permitted by law.
§ 21 Special provisions for business customers (B2B)
The following provisions apply exclusively to customers who are business customers within the meaning of section 14 BGB.
Where these provisions differ from the general provisions of these Terms, they take precedence.
21.1 Business status
By registering or placing an order, the customer confirms that they are acting exclusively in the course of their commercial or independent professional activity.
We may request suitable evidence of business status.
There is no entitlement to activation of a B2B customer account.
21.2 Right of withdrawal
Business customers have no statutory right of withdrawal.
21.3 Acceptance of returns
(1) There is no entitlement to return goods that are free from defects.
(2) Returns are accepted only with the prior agreement of Make ma GmbH.
(3) Any agreement is voluntary and offered as a gesture of goodwill. Even after agreeing, we reserve the right to refuse a return where there are legitimate grounds, particularly if the goods show signs of use, are incomplete or are no longer in a resalable condition.
(4) Approved returns are made at the business customer’s expense and risk.
(5) The following are excluded from return, in particular:
- software,
- digital products,
- activated licence keys,
- special orders,
- individually configured goods,
- personalised products,
- items procured specifically for the customer.
21.4 Duty to inspect and notify defects
If the buyer is a merchant within the meaning of the German Commercial Code, the duties to inspect and notify defects under section 377 HGB apply.
Obvious defects must be reported without delay after receipt of the goods.
21.5 Statutory warranty rights
(1) The statutory provisions on defects apply to business customers unless otherwise specified below.
(2) The limitation period for claims relating to defects in newly manufactured goods is one year from delivery, insofar as a reduction is legally permitted. Claims arising from intentional or grossly negligent breaches of duty and claims arising from injury to life, body or health are excluded from this limitation.
(3) We may, at our discretion, remedy the defect by repair or replacement. If the remedy fails or is unreasonable, the business customer’s further rights are governed by the statutory provisions.
(4) Defects resulting from natural wear and tear, improper use, incorrect operation, neglected maintenance, unsuitable operating materials or consumables, modifications or repairs by unauthorised persons, or other circumstances attributable to the buyer do not give rise to statutory warranty claims.
(5) Manufacturer’s guarantees remain unaffected. They are voluntary benefits provided by the respective manufacturer and do not establish claims against Make ma GmbH beyond the guarantee terms.
(6) If an inspection shows that there is no defect or that the complaint results from circumstances not covered by the statutory warranty, particularly operating errors, unsuitable materials, incorrect settings, inadequate cleaning or normal wear and tear, we may charge the business customer for the inspection, diagnosis and processing work incurred and for shipping costs in accordance with our current service price list.
(7) Statutory warranty coverage requires the machine to be operated in accordance with the operating instructions and manufacturer’s guidance and to be regularly maintained. Damage resulting from use that departs from these requirements does not constitute a defect.
21.6 Jurisdiction
If the buyer is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the place of jurisdiction for all disputes arising from the business relationship, to the extent permitted by law.
21.7 Applicable law
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, insofar as its exclusion is legally permissible.
§ 22 Final provisions
(1) If individual provisions of these Terms are or become wholly or partly invalid or unenforceable, the validity of the remaining provisions is unaffected.
(2) The statutory provisions apply in place of the invalid provision. Insofar as permitted, a provision that comes as close as possible to the economic purpose of the invalid provision shall apply.