CONDITIONS GÉNÉRALES DE VENTE (CGV)
- All offers, contracts, deliveries, and services performed following orders placed by our customers through our online shop at www.yt-industries.com (hereinafter “webshop”) as well as any orders placed via telephone or e-mail are subject to the following terms and conditions
- The products offered in our webshop are intended both for consumers and commercial entities, but exclusively for the end-user.
- A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity. (Sec. 13 of the German Civil Code)
- A commercial entity is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the course of its commercial or independent professional activity. (Sec 14 (1) of the German Civil Code)
- If a customer places an order via our German-language webshop, the German version of these general terms and conditions shall exclusively prevail.
- If a customer places an order via our English-language webshop, the English version of these general terms and conditions shall exclusively prevail.
- If a customer places an order via our French-language webshop, the French version of these general terms and conditions shall exclusively prevail.
2. Contract Conclusion
- Our webshop offerings are non-binding.
- By placing an order in the webshop, the customer makes a binding offer to purchase the relevant product.
- Without undue delay upon receipt of the order, we will send the customer a confirmation of receipt. This does not constitute acceptance of the offer, but merely documents that the customer's order has been received.
- The purchase contract with the customer is only concluded with our acceptance. The offer is deemed to have been accepted by us as soon as we declare this to the customer in the form of an order confirmation or shipment of the goods.
- Any customer who is a consumer shall be entitled to revoke the offer in accordance with the special cancellation policy (in clause 7) and to return the goods.
3. Price & Payment
- Our prices include statutory VAT, but are net of shipping costs. Prices in non-EU countries do not include VAT. We specifically point out that any customs duties and similar charges shall be borne by the customer.
- We offer the following payment methods: bank transfer (payment in advance), credit card, PayPal, as well as financing and cash on delivery (only in Germany).
- When using an external payment service provider (e.g. PayPal) its general terms and conditions apply.
- All costs related to financial transactions shall be borne by the customer.
- The customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
- After ordering, our products will be shipped to the customer (i.e. handed over to our transporter) at the latest on the date indicated on the relevant offer page. This date is only indicative and may be exceeded by up to five working days.
The shipping time limit begins on the day of receipt of the full purchase price (including VAT and shipping costs).
- In the event that the product has, upon placement of the offer by the customer, been declared as “In Stock”, we will keep sufficient quantity of the product in stock during a period of ten business days following our acceptance of the customer’s purchase offer. If we do not receive payment during this time period, we are entitled to release the product for sale again.
- If after contract conclusion regarding a product described as available in the webshop the product should become unavailable, we are entitled to withdraw from the purchase contract. In such case the customer shall without undue delay be informed and reimbursed any payments the customer has made in respect of the order.
- If certain individual components of the ordered goods are not available, we are entitled to replace these with technically equivalent or higher value items.
- We are entitled to make partial deliveries of products that are part of a single order and can be used separately. Any resulting additional costs shall be borne by us.
5. Property Rights
- We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
- Mortgaging, transfer of ownership, handling or alteration of the product is prohibited without the prior written consent of the owner.
6. Shipment, Insurance, and Passing of Risk
- Our bicycles are fully assembled and adjusted by qualified technicians in our factory. In order to ensure safe transport, specific components are removed (wheels, seat posts, pedals, handlebars, etc.) prior to shipment.
After receiving the parcel, the end-user must reassemble these components with help from the assembly instructions included in the parcel, or, if necessary, with telephone assistance from our customer service department.
- Unless expressly otherwise agreed upon, we shall be free to determine the shipping method and the carrier. We shall bear the risk of transport.
- The delivery of the ordered products takes place at the delivery address provided by the customer.
- We shall only be obliged to properly and timely deliver the product to the carrier. Accordingly, we are not responsible for delays caused by the transport provider. The transit times specified in the webshop shall only be non-binding estimates.
- In the event of force majeure, our delivery times may be extended accordingly. Force majeure events shall be deemed to include strikes, lockouts, failure of supply by subcontractors and other suppliers, government or other official interventions as well as any other obstruction that cannot be objectively deemed to have been caused by us.
- If the customer is a consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the customer upon delivery of the product to the customer or upon the customer’s default of acceptance. In all other cases, such risk shall pass to the customer upon delivery of the product by us to the carrier.
- We will insure the products against common transport risks at our expense.
- Shipping costs are to be borne by the customer. The shipping costs are (among other) indicated in the order form.
- The customer shall bear the usual return shipping costs when exercising the right to revoke in case the delivered product is consistent with the ordered product and the price of the returned product does not exceed EUR 500,00 or in case of a higher price, if the customer has not paid or had not made an agreed partial payment at the time when exercising the right to revoke.
7. Right of Return
- Customers, who are consumers, are always entitled to a 14-day right of withdrawal. With regard to the existence or non-existence of a right of withdrawal and the consequences in the case of withdrawal, the following terms and conditions apply.
8. Warranty and Guarantee
- The statutory warranty is valid for two years from the date of delivery.
- In addition to the statutory warranty, we voluntarily guarantee that YT frames will be free from defects in material and workmanship for a period of five years from delivery. This guarantee does not cover paint/anodizing damage nor damage to consumable components.
Consumable components include but may not be limited to: bearing axles, roller bearings including seals and lubricants (deep groove ball bearings / angular contact ball bearings / needle roller bearings, etc.) and bushings.
- Should defects nevertheless occur, we will remedy such defects at our expense by repairing or replacing the failed part with a new or refurbished part, at our discretion. Additionally, in case of non-availability of the required part, we reserve the right to replace the failed product with a product of different color or an equivalent product of a subsequent model year. Additional claims based on this guarantee, such as compensation for damages or refunds of transport and assembly costs are expressly excluded. Your statutory rights are not affected by this guarantee.
- The guarantee does not cover damages caused by inappropriate or unspecified use according to the fields of use for the particular product as described on our website.
Inappropriate use means the following cases in particular:
- Neglect of product (lack of care and maintenance)
- Modifications to frame or fork (such as engraving or painting)
- Mounting and alteration of additional components that were not expressly approved by us
- Replacement of components installed and delivered by us with non-identical components
- Continued operation of a bike with misaligned, defective or worn bearings or defective suspension elements
- Damage to the upper part of the seat tube due to failure to respect the minimum insertion depth of the seat post.
Excessive loads concern the following circumstances:
- Deformation of the frame. This is a sign of excessive load and thus the result of improper use.
- Bent or broken derailleur hanger (mounting point of the rear derailleur): this is a result of excessive load or misalignment. This part is designed to bend or break and thus protect the frame and the derailleur from damage due to excessive load.
- Our voluntary guarantee is only valid for the original owner of the product and requires a copy of the original invoice.
- Our voluntary guarantee is also valid for all the bikes in our outlet store.
- We reserve the right to charge the customer for further services (such as assembly and transport) and costs (for example additional assembly or material costs as a result of a model change).
- We are liable with regards to intent and gross negligence.
Furthermore, we are liable for the negligent violation of duties
- which enable the proper execution of the contract in the first place,
- which jeopardize the fulfilment of the purpose of the contract
- and of which the customer regularly trusts.
- The above-mentioned exclusions of liability do not apply in case of injury to life, body and health. Liability under any applicable product liability legislation remains unaffected.
- Customer claims for damages due to obvious material defect(s) of the delivered products are excluded if we are not notified of the defect(s) within a period of two weeks following delivery of the products.
10. Data Protection
- All personal data will be kept strictly confidential.
- We use personal data to enable optimal order processing, delivery of the products, provision of services and payment processing. We may pass on personal data to commissioned service providers and in some cases affiliated companies exclusively within the scope of this purpose
- We only store data for as long as we are legally obligated to do so.
- We shall not be permitted to collect, submit to any third party or otherwise process personal data of the customer for any purpose other than those set forth in this section 10.
11. Applicable Law
- a. Any contracts entered into between us and the customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provision.
12. Online Dispute Resolution
- The EU Commission provides a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online orders without the intervention of a court.
The Dispute Settlement Platform can be reached at the following external link: www.ec.europa.eu/consumers/odr
- For questions regarding the online settlement of consumer disputes, you can contact the following e-mail address: email@example.com
- We always seek to settle disagreements on the service we provide consensually and out of court.
We are, however, not obliged to participate in any conciliation procedures and we can therefore not offer participation in such a procedure.
- If the customer is a commercial entity, it is agreed that the place of fulfilment is Forchheim. If a customer who is a commercial entity is also a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with the purchase contract is also Forchheim. YT Industries is entitled to sue commercial entities at their general place of jurisdiction.
14. Severability Clause
- Should a provision of this contract including this condition be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective regulation, the relevant statutory provisions apply. The same applies in the case of a regulatory gap.
15. Provider Identification DetailsYT Industries GmbH
Registered at Amtsgericht Bamberg, HRB 8353
Managing Directors: Markus Flossmann, Stefan Willared
USt-ID-Nr.: DE 254 214 335
Valid: January 2018