Terms and Conditions
1. Scope of Application
A. The following General Terms and Conditions apply to all deliveries and services (hereinafter referred to in overall terms as “services”) provided by YT Industries .
B. Any order for a product appearing on the YT Industries online store is subject to the terms and conditions contained herein.
C. Placing an order through the YT Industries online store represents acceptance and consent to these terms and conditions, and the consumer fully accepts that their agreement on the content of these conditions does not require the signature of this document, insofar as the customer wishes to order the products presented online in the framework of the website. You represent that you are at least 18 years old and have the legal capacity to accept these Terms and complete the purchase.
The consumer has the option to save or print these general conditions, with the saving and printing of this document being the sole responsibility of the consumer. Further, the consumer represents hereby that they have legal capacity to accept these General Terms & Conditions and complete the sale contemplated hereby.
D. The YT Industries merchant site, including its design, content, text, graphics, product images, trademarks, logos, and other intellectual property, is owned by YOUNG TALENT INDUSTRIES GmbH and/or its affiliates. The website is operated for the United States market by YT Industries , which is the seller of all YT products sold within the United States as described in Section 2.
E. YT Industries reserves the right to modify the present general terms & conditions of sale.
F. You agree that you will not violate any applicable law, contract, intellectual property or other third-party right, or commit a tort, and you are solely responsible for your conduct while accessing or using our Site and services. You will not:
- Engage in any harassing, threatening, intimidating, spamming, predatory, or stalking conduct;
- Use or attempt to use another user's account without authorization from that user;
- Use our Site or services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying them, or that could damage, disable, overburden, or impair their functioning in any manner;
- Reverse engineer any aspect of our Site or services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of them;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of our Site or services that you are not authorized to access;
- Develop or use any applications that interact with our Site or services without our prior written consent;
- Use any data mining, robots, or other data gathering or extraction methods in connection with our Site or services;
- Bypass or ignore instructions contained in any robots.txt file that controls automated access to portions of our Site or services; or
- Use our Site or services to engage in, encourage, or promote any activity that violates these Terms, or that is illegal or fraudulent, or that is, in our reasonable judgment, otherwise unauthorized.
G. If you engage in any of the conduct prohibited in Section 1(F), or if we reasonably believe that you have violated these Terms, that your account has been or may be used for fraudulent, unlawful, or unauthorized activity, or that suspension or termination is necessary to protect the Site, the Services, other users, or the YT Industries Parties, we may suspend, restrict, or terminate your access to the Site, the Services, or your account, in whole or in part, at any time and at our reasonable discretion, with or without notice. You may stop using the Site and Services at any time and may request that we close your account by contacting us at service-usa@yt-industries.com.
H. Suspension or termination of your account does not affect any order for which a purchase agreement has already been concluded under Section 2, and does not relieve you of any payment obligations incurred before the suspension or termination. The provisions of these Terms that by their nature should survive termination will survive, including without limitation Section 6 (Retention of Title), Section 7 (Disclaimer of Warranty), Section 8 (Liability), Section 9 (Limited Warranty) as to products already purchased, Section 14 (Indemnification), Section 15 (Dispute Resolution; Binding Arbitration; Class-Action Waiver), and Section 16 (Release).
I. Definitions. In these Terms, "YT Industries" means the seller identified in Section 2. "YT Industries Parties" means YT Industries together with YOUNG TALENT INDUSTRIES GmbH, our and their respective affiliates, and each of our and their respective officers, members, managers, directors, agents, partners, and employees. References in these Terms to "we," "us," and "our" mean YT Industries.
2. Conclusion of the contract
A. Your purchase agreement is concluded with:
YT Industries
1126 Placid Cir.
Waco, TX 76706
B. All sales of YT products within the United States are made by YT Industries
C. The product representations in our online shop do not constitute a legally binding offer.
Such product representations are of a non-binding nature. In placing an online or telephone order you are
making a binding offer of purchase. The nature of the products is solely determined by the product
specifications contained within the online catalogue. These product specifications may vary from the
photographs included in the catalogue. YT Industries will confirm receipt of placement of order by
e-mail without delay. Said confirmation of placement of order does not constitute acceptance of your
offer. The sole purpose of such a confirmation of placement of order is to enable you to check your order.
The contract shall not be concluded until confirmation of order is sent by e-mail or until goods are
dispatched.
D. Supplementary agreements, side agreements, amendments, agreements regarding the nature of
goods and the acceptance of guarantees shall not be effective unless expressly confirmed in writing by YT
Industries
3. Prices and costs of delivery
A. Prices are stated in US dollars (USD) and do not include sales tax, which will be calculated at check-out, where applicable, and costs of shipping. Information on shipping costs is provided in the summary of costs of shipping. You will be liable for additional costs incurred; We will indicate such additional costs to you prior to your order. Please contact us on service-usa@yt-industries.com for information in this regard.
B. Insofar as nothing to the contrary has expressly been agreed, YT Industries . shall determine the appropriate means of shipping and the forwarding company at our own fair and just discretion.
C. Commercial sales shall be subject to the Texas Uniform Commercial Code, as well as the provisions of that uniform code, as adopted by the state of Texas. Risk of loss for commercial purchases transfers as agreed with the business purchaser or, absent agreement, as provided by the applicable UCC rules. This subsection does not apply to consumer purchases, which are governed by Section 3(D). Shipping may be requested and available; however, risk of loss shall transfer FOB seller.
D. Following delivery, you are required to inspect goods for possible damage during transport and to notify us of any such damage without delay. Such a requirement and any breach of such a requirement shall be without prejudice to your warranty rights. The sole purpose of such a requirement is to secure our claims against the forwarding company
E. Prices are subject to change at any time without notice. Any price change will not affect orders for which we have already sent an order confirmation. The price that applies to your order is the price displayed at checkout at the time you place your order. Posted prices do not include sales tax or shipping charges, which are calculated and shown separately before you complete your purchase. This subsection is subject to Section 3(H) (Pricing Errors).
F. There are no guaranteed delivery times. Delivery times can be impacted by many factors, and YT INDUSTRIES . has no control over what happens to a shipment once it has left our offices.
G. When shipping outside the USA, Duties and Taxes may occur and be inflicted on your shipment from YT Industries . It is in no way YT Industries . responsibility to pay any such duties that may arise. It is the responsible of the customer to pay for such Taxes and Duties in order to accept delivery of the shipment. In no way is this a reason to deny receipt of the delivery and return the shipment. Please research your countries import taxes, duties and laws prior to ordering anything from YT Industries outside the USA.
H. Pricing Errors. Despite our best efforts, a small number of the products on the Site may be mispriced due to typographical, clerical, data-feed, or similar errors. If a product's correct price is higher than the price shown, or the product was listed at an obviously incorrect price, we may, at our discretion and before shipping, cancel the order or contact you so you can choose to purchase at the correct price or cancel for a full refund. Nothing in this subsection permits us to change the price of an order after it has shipped, and it does not limit any rights you have under applicable law.
4. Availability
A. In the event that, following conclusion of contract, YT Industries discovers the non-availability of a product indicated in the online shop as available, YT Industries may withdraw from the contract if such lack of availability is not the responsibility of YT Industries. In such a case, YT Industries will notify you without delay and will reimburse any prepayments which may have been made.
B. Insofar as certain individual components of the goods ordered cannot be supplied, YT Industries shall be entitled to replace such components with components which are technically equivalent.
C. YT Industries shall be entitled to make partial deliveries at its own expense as long as such partial deliveries are reasonable for you.
5. Payment
A. These Payment Terms and Conditions (the "Payment Terms") govern the payment methods available for purchases made on the YT Industries site. By using the payment methods available on the Site, you agree to these Payment Terms.
B. Accepted Payment Methods
We accept the following payment methods on the Site:
- Visa
- MasterCard
- American Express (AMEX)
- Discover
- PayPal
- Financing - Affirm
C. Credit/Debit Card Payments (Visa, MasterCard, AMEX, Discover)
- Authorization: When you use a credit or debit card (Visa, MasterCard, American Express, or Discover), you are authorizing us to charge the specified amount to your card. You confirm that you are the authorized cardholder or have permission from the cardholder to use the card.
- Security: To prevent fraud, we may require additional verification before processing your payment. Your card details are encrypted and protected through Secure Socket Layer (SSL) technology.
- Declined Transactions: If your payment is declined, we will not be able to complete your purchase. You must resolve any issues with your card provider or use an alternate payment method.
- Billing Information: You are responsible for ensuring the billing information you provide is accurate and up to date.
D. PayPal
- Account Authorization: When selecting PayPal, you will be redirected to the PayPal login page to confirm your payment. The transmission of the data is SSL-encrypted. By selecting PayPal, you authorize the transaction to be processed through your PayPal account.
- Disputes: If there are any disputes related to PayPal transactions, they must be handled through PayPal’s dispute resolution system.
E. Financing – Affirm
- Financing Terms: Affirm allows you to make purchases on the Site with monthly installment plans. The availability of financing depends on your creditworthiness, and the terms are subject to Affirm's review.
- Eligibility: To use Affirm, you must meet Affirm’s eligibility requirements, including age and credit score criteria. We do not control Affirm’s approval process.
- Interest and Fees: Depending on the financing terms provided by Affirm, interest rates and fees may apply. All payment schedules and terms will be provided by Affirm at the time of purchase.
- Late Payments: Any issues related to late or missed payments must be resolved directly with Affirm. We are not responsible for managing your repayment obligations with Affirm.
F. General Payment Conditions
- Currency: All payments are processed in USD.
- Order Confirmation: Orders will only be confirmed and processed once payment is successfully
received. If any issues arise during payment, we will notify you promptly.
- Pay by Link: For the payment of services (e.g. workshop) and other manual orders that not processed through our webshop, the customer will receive an email from YT with a secure payment link. The available payment methods can be selected when accessing the link.
- Refunds: Refunds, where applicable, will be processed to the original payment method used
during checkout. Processing times may vary depending on your payment provider.
- Fraud Prevention: We reserve the right to cancel or refuse any transaction that we suspect may be fraudulent, or if we are unable to verify your payment information.
G. Disputes and Chargebacks
- Chargebacks: If you initiate a chargeback, you must provide legitimate reasons in accordance with your payment provider’s terms. Abuse of chargebacks or fraudulent claims may result in the suspension of your account or legal action.
- Resolution: For any disputes related to transactions made on the Site, please contact our customer service team before initiating any chargeback to resolve the matter directly.
H. Modification of Payment Methods
We reserve the right to modify, add, or remove payment methods at any time. Changes to accepted payment methods will be reflected on the Site.
6. Retention of title
A. Goods shall remain the property of YT Industries until such time as full payment is made. No goods may be pledged, offered as collateral, processed or altered prior to transfer of ownership without the written approval of YT Industries.
7. Disclaimer of Warranty
A. EXCEPT AS SPECIFIED IN SECTION 9 “LIMITED WARRANTY”, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY YT INDUSTRIES ., ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ANY LIMITATION ON WARRANTY DURATION MAY NOT APPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
B. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
8. Liability
A. These General Terms and Conditions do not limit the liability of YT Industries, its legal representatives and vicarious agents arising from damage to life, limb or health nor do these General Terms and Conditions limit liability arising as a result of malicious concealment of defects or acceptance of a guarantee of the nature of goods. These General Terms and Conditions further do not limit liability as a result of damages caused by intentional or grossly negligent breach of duty by YT Industries, its legal representatives or its vicarious agents.
B. To the fullest extent permitted by applicable law, in no event will the YT Industries Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your access to or use of (or inability to access or use) the Site, the Services, or any products purchased through the Site, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the YT Industries Parties have been advised of the possibility of such damages.
C. To the fullest extent permitted by applicable law, the total aggregate liability of the YT Industries Parties for all claims arising out of or relating to these Terms, the Site, or the Services will not exceed the greater of (i) the total amount you paid to YT Industries for the product or order giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability, or (ii) one hundred U.S. dollars (US $100). Liability for defects in the products themselves remains governed by, and is separately limited by, Section 9 (Limited Warranty).
D. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In such jurisdictions, the liability of the YT Industries Parties is limited to the greatest extent permitted by law.
9. Limited Warranty
A. This Limited Warranty is provided by YOUNG TALENT INDUSTRIES GmbH (the "Warrantor"). YT Industries USA LLC acts solely as seller and administers warranty claims on the Warrantor's behalf; it is not the warrantor. YT frames will be free from any defects in material and workmanship for a period of five years from the delivery date. This guarantee does not cover damage to paintwork/anodizing or damage to consumable components. All component parts, excluding batteries, manufactured by YOUNG TALENT INDUSTRIES GmbH are warrantied for two (2) years from the date of delivery. Batteries manufactured by YOUNG TALENT INDUSTRIES GmbH are warrantied for one (1) year from the date of delivery.
B. The warranty provided by this Section 9 warranties that the YT Industries frame or component parts, as applicable, will remain free from material defects and defects in workmanship for the period set out in Section 9.A above. This warranty does not extend to, or include parts subject to wear and tear or damage to paintwork/anodization. Parts subject to wear and tear include, but are not limited to: bearing axes, roller bearings including their seals and lubricants (deep groove ball bearings/angular ball bearings/needle bearings etc.), sliding bearings, the guides and seals of suspension elements, drive components (chain/pinions/chain links/free-running hub) and brake pads.
C. This warranty further does not extend to any third party component parts attached to, or sold in conjunction with a complete bike sold by YT Industries .
D. Components other than the YT Industries frame, including but not limited to handlebars, headsets, wheels, brakes, chains, cranks, pedals, gears, suspension components, derailleurs, seats, seat posts, bearings, etc., are not warranted by YT Industries ., but may be covered by their respective manufacturers’ warranties. For warranty information on third party component parts, please see warranty information from each individual component manufacturer. Please advise, and contact YT Industries . in case of such warranty claim, and we will attempt to assist with warranty process for a component provider to the extent we determine reasonable.
E. The Warrantor, acting through YT Industries as its authorized administrator, will at its own fair discretion and at its own expense in remedying any defects which occur via repair or via the supply of new or generally reconditioned YT-Industries parts. In the case of non-availability, we further reserve the right to provide replacements in a different color/design or in the form of an equivalent model from a subsequent year. Other claims made on the basis of this warranty shall be excluded, in particular claims for compensation or for reimbursement of transport costs or costs of assembly. Notwithstanding this, the present warranty shall be without prejudice to your contractual or statutory rights associated with the purchase of the product.
F. The following additional conditions apply in respect of the warranty: The warranty shall not apply in circumstances where the bicycle exhibits damage or appearances of wear and tear caused by use which is improper or inappropriate in accordance with the areas of deployment for the respective bicycle as presented on our website. Improper use of the product, for which the warranty will be void include, but are not limited to the following:
- Neglect of the product (insufficient care and maintenance)
- Alterations to the frame or fork (e.g. engravings or varnishing)
- Installation and conversions using additional components not expressly authorized by us or replacement of components installed by us when the bicycle was supplied with non-equivalent components
- Ongoing operation of a bicycle with wrongly adjusted, defective or worn out bearings or defective suspension elements
- Damage to the seat tube in the area where it meets the upper bar as a result of the saddle support being pulled too far out of the seat tube
- Other uses of the product, for which the product was not designed, and which YT Industries . has made no indication of the acceptability of such use or fitness for such purpose.
G. This limited warranty is conditioned upon the YT products being used and operated under normal conditions, within the reasonable foreseeable use of the product, and continued proper maintenance of the product. The warranty shall not apply in circumstances where the bicycle exhibits damage or appearances of wear and tear which are caused by excessive stresses of all kinds, in particular falls and jumps. Excessive stresses shall always be deemed to have taken place in the following cases:
- Deformation of the frame. This is the consequence of excessive stress and thus constitutes a sign of improper use.
- A bent or broken drop-out (the part of the dropout to which the rear derailleur hanger is attached). This is a result of overload or incorrect adjustment. This component is designed to prevent damage to the frame and derailleur caused by excessive stress.
H. The limited warranty set forth in this Section 9 is applicable only to the initial purchaser of the product and requires a copy of the original sales receipt in order to be honored. Warranty claims are submitted to YT Industries, which administers them on the Warrantor's behalf. The initial purchaser shall not assign any of its rights or delegate any of its obligations under these General Terms and Conditions. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves purchaser of any of its obligations to YT Industries.
I. Applicable Models – This limited warranty applies to those products purchased from YT Industries ., as factory warrantied by YOUNG TALENT INDUSTRIES GmbH. Other YT-Industries products not purchased from YT Industries ., or not in the possession of the original purchaser shall not be covered by this limited warranty. Non-YT-Industries products purchased from YT Industries . are similarly not covered by these terms and conditions or this warranty, but rather are covered by the warranties of the respective manufacturer of the product.
J. The individual presenting any YT product for warranty service or replacement shall pay all labor charges associated with non-warranty repair or replacement. This limited warranty does not cover shipping of the products; therefore, all travel or shipping charges associated with either warrantied or non-warrantied service or replacement shall be borne by the individual presenting the product for warranty service or replacement, unless otherwise arranged by YT Industries . customer service with a pre-paid shipping label.
K. THIS SECTION 9 REPRESENTS THE FULL AND COMPLETE STATEMENT OF LIMITED WARRANTY PROVIDED BY YT INDUSTRIES . AND YOUNG TALENT INDUSTRIES GMBH FOR ITS PRODUCTS. NO EXTENDED WARRANTY IS OFFERED OR PERMITTED AND ANY SUCH EXTENSION OF WARRANTY IS OUTSIDE OF THE SCOPE OF REPRESENTATION OF YT INDUSTRIES . AND YOUNG TALENT INDUSTRIES GMBH. NO ACTIONS BY ANY THIRD PARTY MAY CREATE AN EXTENSION OF THIS WARRANTY. ALL OF THE REMEDIES AVAILABLE TO THE ORIGINAL OWNER ARE STATED HEREIN. PURCHASER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT YT INDUSTRIES . AND YOUNG TALENT INDUSTRIES GMBH’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND IN NO EVENT SHALL YT INDUSTRIES . OR YOUNG TALENT INDUSTRIES GMBH BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
10. Cancellations and Returns
Once an order is submitted, our expedited shipping process begins.
As a result, we cannot make changes/edits to items on an order in process.
If you want to add to an existing order, it is best to place a new order for the new item(s).
If you want to cancel an existing order, it is best to return it once it is delivered.
We accept returns within 90 days of the original purchase, including orders placed with Affirm Financing.
Return Conditions
Items being returned must:
- Be new & unused with all manufacturer packaging intact — boxes, tags, etc. (For Bikes and Frames, see How to Return a Bike or Frame below.)
- Be uninstalled with no marks of installation.
- Be in a shipping box. We recommend re-using your YT shipping box.
- Include the order number in the package.
Products must be returned in new condition and be free from any cosmetic or mechanical damage. Bikes must be repackaged per the instructions in the user manual and in original YT packaging. A return must be accompanied by all tools and parts included with the original shipment.
Upon arrival of returned goods to YT USA, a thorough inspection will be completed by our service staff and a refund issued accordingly. At the discretion of YT Industries USA, adjustments to the refunded purchase amount will occur on products that show signs of wear or cosmetic damage.
Items found to be returned in used condition are subject to a minimum 20% restocking fee plus any applicable return fees, or will be sent back to you. The above options are valid only in the continental US and will be deducted from your refund when processed.
Returns and Refunds
- Typically it takes 3–5 business days to process a return after it arrives at our warehouse. In peak season or after a sales period, this timeline may be 5–7 business days. You'll receive an email confirmation when your return is received.
- If your return is deemed ineligible, your package will be returned to you.
- Depending on your payment method, please allow the additional timeframe for your financial institution
to make funds available in your account:
- Debit or credit cards: 3–5 business days
- International cards: up to 30 business days
- PayPal transactions: 7–10 business days
NOTE: Shipping fees are non-refundable.
How to Return a Bike or Frame
Please contact customer service at service-usa@yt-industries.com before you return a bike or frame.
Bikes and Frames are only eligible for return under the following circumstances:
- The bike or frame is in new/unridden/unused condition.
- Unridden/Unused meaning:
- No dirt on tires, suspension, frame, drivetrain, grips, or any other area on the bike.
- No wear on the drivetrain.
- For E-bikes, the odometer cannot exceed 10 miles.
- Unridden/Unused meaning:
- The bike or frame has no aftermarket installations.
- Custom-built bikes are not eligible for return.
- Bikes with upgraded components are not eligible for return.
- Frames with items such as headsets or bottom brackets installed are not eligible for return.
- Return label shipping fee is $125.
If a bike or frame is found to be returned either used, ridden, or having aftermarket parts installed, at our discretion, we reserve the right to charge at MINIMUM a 20% restocking fee or ship the bike back to you.
All returns inquiries must be written to service-usa@yt-industries.com.
11. General Provisions
A. YT Industries will store the text of the contract and send you the order data and General Terms and Conditions by e-mail. You may view your past orders in the customer log-in area.
B. The language of the purchase agreement and these General Terms and Conditions are English.
C. The purchase agreement, and any claim relating to the products sold to you — including warranty claims under Section 9 against YOUNG TALENT INDUSTRIES GmbH as Warrantor — is governed by the law of the State of Texas, without regard to its conflict-of-laws rules. YOUNG TALENT INDUSTRIES GmbH agrees that, with respect to products sold to purchasers in the United States, its obligations under the Limited Warranty are governed by the law of the State of Texas and are subject to the dispute-resolution provisions of Section 15. The UN Convention on Contracts for the International Sale of Goods shall not apply. Nothing in this Section deprives you of any mandatory consumer-protection or warranty right of your state of residence that cannot be waived by contract.
D. Claims against YT Industries . Subject to Section 15 (Dispute Resolution; Binding Arbitration; Class-Action Waiver), claims against YT Industries that are not subject to arbitration shall be governed by the law of the State of Texas, with jurisdiction and venue in McLennan County, Texas, and you and YT Industries consent to the jurisdiction of those courts.
Claims against YOUNG TALENT INDUSTRIES GmbH. For claims against YOUNG TALENT INDUSTRIES GmbH, if you have no general place of jurisdiction in Germany, or if you move your place of residence or usual domicile outside the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the location of the registered office of YOUNG TALENT INDUSTRIES GmbH. The same applies where your place of residence or usual domicile is not known at the time a legal action is brought. This paragraph does not apply to warranty claims by US purchasers under Section 9, which are governed by Section 11(C) and Section 15.
Consumer rights preserved. Nothing in this Section deprives you of the protection of any mandatory consumer-protection law of your state or country of residence that cannot be waived by contract, or of any right to bring or defend a claim in a forum that applicable law provides and that cannot be waived.
E. In the event that one of the provisions contained within the present Agreement including the present provision should be or should become invalid either in whole or in part, this shall be without prejudice to the validity of the other provisions herein contained and such unenforceable provision shall be stricken and the remainder of these General Terms and Conditions shall not be affected thereby. Such an invalid provision shall be replaced by the relevant statutory provisions to the extent possible.
F. No waiver by YT Industries . of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by YT Industries . No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these General Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
G. YT Industries . shall not be liable or responsible to purchaser, nor be deemed to have defaulted or breached these General Terms and Conditions, for any failure or delay in fulfilling or performing when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
H. Your use of the Site and the Services, and any personal information you provide to us, are subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, share, and protect your personal information, and the choices available to you, including how to exercise your rights and opt-out preferences. By using the Site or placing an order, you acknowledge that you have reviewed the Privacy Policy. To the extent the Privacy Policy and these Terms conflict regarding the handling of personal information, the Privacy Policy governs.
12. General Use Disclaimer
Cycling is a Dangerous Activity
All forms of cycling present inherent risks of injury that the rider must assume, and a bicycle cannot protect you in an accident. Always wear a helmet. Do not ride in the dark or during limited visibility without proper lights. Some countries, states or cities have specific requirements for lights and other equipment. Check before traveling with your bicycle.
You must make your own decisions about your skills and the level of risk you are willing to confront. Do not ride beyond your ability or the designated limits of your bicycle. If you are not sure of the limits or condition of your bicycle, consult a local professional who can advise, or contact YT Industries . YT Industries . is not responsible for any damages to you or others arising from riding, transporting or other use of your bicycle. In the event that your frame breaks or malfunctions, YT Industries . shall have no liability or obligation beyond the repair or replacement of your frame pursuant to the terms outlined in the warranty.
13. Product Life Cycle
A. Bicycles are not indestructible, and every YT-Industries frameset has a useful product life cycle. The length of that useful product life cycle will vary depending on the construction and the materials of the frameset, maintenance and care the frameset receives, and the amount and type of use the frameset is subject to over its life. The more you ride – and the harder you ride – the more frequently you should have your bicycle professionally inspected and maintained. Read your owner’s manual for recommended service intervals and procedures.
B. YT Industries recommends that a professional independent bike dealer inspect the frame for stress at least annually, as well as any time the bike has been involved in a crash or subjected to significant loads, even if no damage is apparent. Crashes, overloads and repeated stresses can cause small fractures and other hidden damage that may lead to catastrophic failure. Signs of an impending frame failure may be apparent in the form of cracks, fracture lines, deformation, dents, squeaks and other indicators of abnormality, but in some cases damage cannot be seen, felt or heard. Safety checks are important to prevent accidents, injuries and failure of an YT-Industries frameset.
Never ride on a bicycle that is damaged or in need of maintenance, repair or adjustment. A broken or misadjusted part can cause stress and eventual failure of that part or other parts. For example, a single loose or broken spoke can lead to wheel failure and a catastrophic crash.
14. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless YT Industries, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively), the “YT Industries Parties” from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify YT Industries Parties of any third-party Claims, cooperate with YT Industries Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the YT Industries Parties will have control of the defense, including choice of counsel, and control of settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the YT Industries Parties.
15. Dispute Resolution; Binding Arbitration; Class-Action Waiver
Please read this section carefully — it affects your legal rights. Most concerns can be resolved quickly by contacting our customer service team, and we encourage you to contact us first.
A. Informal resolution. Before starting an arbitration, you and YT Industries agree to try to resolve the dispute informally for at least 30 days after written notice of the dispute is provided to the other party.
B. Agreement to arbitrate. If the dispute is not resolved, you and YT Industries (and, with respect to warranty claims under Section 9, YOUNG TALENT INDUSTRIES GmbH) agree that any dispute, claim, or controversy arising out of or relating to these Terms or your purchase will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules & Procedures and, where applicable, its Consumer Arbitration Minimum Standards, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court with jurisdiction.
C. Class-action waiver. You and YT Industries, and (for warranty claims under Section 9) YOUNG TALENT INDUSTRIES GmbH agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.
D. Location and costs. Arbitration will take place in the county of your residence or another mutually agreed location, or may be conducted by video or telephone where JAMS rules permit. We will pay arbitration filing and administrative fees to the extent required by JAMS's Consumer Arbitration Minimum Standards.
E. Small-claims and injunctive carve-out. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property. Nothing in this section requires arbitration of any claim or right that, under applicable law, cannot be required to be arbitrated.
F. Your right to opt out. You may reject this arbitration agreement by sending written notice to service-usa@yt-industries.com within 30 days of first accepting these Terms, stating your name, order information, and your intent to opt out. Opting out will not affect any other part of these Terms.
16. Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE YT INDUSTRIES , YOUNG TALENT INDUSTRIES GMBH, AND THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "YT INDUSTRIES PARTIES") FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING CLAIMS OF NEGLIGENCE, ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES.
Nothing in this release deprives you of any right or remedy under mandatory consumer-protection law of your state of residence that cannot be waived by contract.
If you are a California resident, you expressly waive California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive § 1542 and any similar law of any jurisdiction, so that this release includes claims you do not know or suspect to exist in your favor at the time you agree to it, except for the claims excluded above.