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General Terms and Conditions

1. Scope

  1. The following terms and conditions apply to all offers, contracts, deliveries and services made and provided following orders placed by our customers through our online shop at www.yt-industries.com (“webshop”), including orders placed by phone and email.

  2. Unless explicitly stated otherwise, the products offered in our webshop are intended for Consumers as well as for Entrepreneurs. These general terms of business apply for Consumers as well as for Entrepreneurs, unless explicitly stated otherwise herein below.

    • A Consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Article 13 of the German Civil Code [BGB]);
    • An Entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Article 14(1) of the German Civil Code [BGB]).
  3. Customer contracts are concluded exclusively in German, English or French, the exact language depending on whether the customer concerned has placed the order via the German, English or French-language page of the webshop.

    • The German version of these General Terms of Business shall apply to the exclusion of the other language versions if the order has been placed via our German-language web page.
    • The English version of these General Terms of Business shall apply to the exclusion of the other language versions if the order has been placed via our English-language web page.
    • The French version of these General Terms of Business shall apply to the exclusion of the other language versions if the order has been placed via our French-language web page.
  4. The customer’s terms and conditions of business do not apply even if we are not explicitly contesting them.

2. Contract Conclusion

  1. Our webshop offerings are non-binding.

  2. By placing an order in our webshop, the customer makes us a binding offer to purchase the product concerned.

  3. We will send the customer an offer receipt confirmation without undue delay upon receipt of the customer’s offer to make the purchase. This confirmation does not mean acceptance of the offer; it is a document merely confirming that the customer’s order has been duly received.

  4. The sales contract with the customer only takes effect upon our acceptance of the offer. The offer is deemed to have been accepted by us as soon as we ship the purchased goods.

  5. Any customer who is a Consumer enjoys the right to withdraw their offer in accordance with the special right of withdrawal (please refer to Section 7 hereof) and to return the goods, if applicable.

3. Prices & Payments

  1. Our prices include the statutory sales tax (VAT), but are quoted net of shipping costs. Prices in non-EU countries do not include the statutory sales tax (VAT). Any customs duties and similar charges separately indicated by us are borne by the customer.

  2. The payment methods generally offered by us are: bank transfer (payment in advance), credit card, PayPal, as well as financing.

  3. Where using an external payment service provider (such as PayPal), its general terms and conditions of business shall apply.

  4. The financial transaction costs shall be borne by the buyer.

  5. The customer is not entitled to any set-off or retention – other than to the extent that the counterclaim has not been disputed by us or has been recognised by a final and binding judgment.

4. Availability

  1. a. After ordering, the products will be shipped to the customer, i.e. handed over to our shipping services provider (carrier), at the latest by the delivery date indicated on the offer page concerned. This date is only indicative may be exceeded by up to five working days.

    This period, which is decisive for determining the delivery date, begins on the day on which we receive the full purchase price (including sales tax (VAT) and shipping costs).

  2. If our product has been notified as “in stock” upon submission of the customer’s offer to the webshop, we will keep sufficient quantity of the product in stock for a period of ten working days following our acceptance of the customer’s purchase offer. Unless we receive payment within this period, we become entitled to release the product for sale again.

  3. We may withdraw from the contract, should it be found out after its conclusion that the product ordered in the webshop and described as “in stock” is actually not available. In this case the customer will be notified accordingly without undue delay and any advance payments received from the customer will be promptly refunded.

  4. If certain individual components of the ordered goods are not available, we are entitled to replace them with components that are equivalent in technical terms or of higher quality.

  5. We are entitled to make partial deliveries of products that are part of the same order and can be used separately. Any resultant additional costs shall be at our expense.

5. Retention of Title

  1. We retain the title to the delivered goods until full payment of their purchase price, including the applicable sales tax (VAT) and shipping costs.

  2. No pledging, transfer of ownership by way of security, processing or redesign of the delivered goods is allowed without our explicit consent in writing prior to the transfer of the title.

6. Shipping, Insurance & Passing of Risk

  1. Our bicycles are fully assembled and adjusted by qualified technicians in our factory. Certain components (wheels, seat posts, pedals, handlebars, etc.) are dismantled prior to shipment to ensure safe transportation. As a result, having received the parcel, the Consumer must use the information provided (reassembly instructions) and, if necessary, request instructions by phone from our support service team in order to reassemble the bicycle.

  2. Unless explicitly agreed otherwise, we are free to choose the shipping method and the shipping services provider (carrier) at our discretion. We also bear the transportation risks in this case.

  3. The ordered product(s) will be delivered to the delivery address specified by the customer.

  4. Our responsibility is solely the timely and proper delivery of the goods to our shipping services provider (carrier). Therefore, we are not liable for any delays attributable to the carrier. The shipping duration specified in the webshop is thus non-binding.

  5. Our delivery term will be extended accordingly in case of the emergence of force majeure circumstances delaying the delivery. Force majeure circumstances shall be understood to include strikes, lockouts, failed deliveries from our subcontractors and suppliers, interventions on the part of governmental agencies or other public authorities as well as any other obstacles that are not culpably attributable to us from an objective point of view.

  6. If the customer is a Consumer, the risk of accidental destruction, damage or loss of the goods shall pass to the customer upon delivery of the goods to the customer or upon the customer’s default of acceptance. If the customer is a Business Entity, the risk shall pass to the customer upon our delivery of the goods the shipping company (carrier).

  7. We insure the goods at our expense against common transportation risks.

  8. The shipping costs shall be borne by the customer. The shipping costs are specified (among other things) in the order form.

  9. The usual costs of returning the goods shall be at the customer’s expense if the supplied goods are consistent with the order and unless the price of the item to be returned exceeds EUR 500.00 - or in case of a higher price, where the customer has not yet paid the purchase price or the contractually agreed instalment at the time of withdrawing the order.

7. Right of Withdrawal

  1. The customers who are Consumers generally enjoy a 14-day right to withdraw their order. The following terms and conditions and information apply regarding the existence or non-existence of the right of withdrawal and the consequences in the event of withdrawal.

Notice of Withdrawal

Right of Withdrawal

You are entitled to withdraw this contract within 14 days without having to give a reason.

The contract may be withdrawn within 14 days of the day on which you (or a third party designated by you and other than a carrier) take(s) possession of the goods.

In order to exercise your right of withdrawal, you have to contact us at:

 YT Industries GmbH:
 Pilatus Campus 9
 91353 Hausen
 Germany

 Phone +49 (0) 9191 736 305 0
 Fax +49 (0) 9191 736 305 11
 Email service@yt-industries.com,

giving us a clear notice (e.g. by means of an email, a fax message or a letter sent by post) of your decision to withdraw this contract.

In order to meet the withdrawal deadline, it would suffice for you to send your notice concerning your desire to exercise your right of withdrawal before expiry of the term during which withdrawal is allowed.

Effects of withdrawal

If you withdraw this contract, we shall reimburse you for all payments we have received from you, including shipment costs (other than the additional costs resulting from your choice of a delivery type different from the least expensive standard delivery type offered by us), without undue delay and in any event not later than within 14 days of the day on which your decision to withdraw this contract is notified to us. In the absence of an explicit agreement with you to the contrary, we will make this reimbursement using the same method of payment that you used in the original transaction; in any case, you will not be charged any fees for this reimbursement. We may suspend the reimbursement until the earlier of: return to us of the ordered goods or receipt of evidence that you have duly shipped the goods to us.

You must send back or hand over the ordered goods to us without undue delay and in any case not later than within 14 days of the day on which your decision to withdraw this contract is notified to us. This deadline is deemed met if you send us the goods before the end of Day 14. The direct costs of returning the goods shall be at your expense.

You only have to pay for loss, if any, in value of the goods if this loss in value is attributable to handling of the product in a way not required to verify its state, specifications and functionality (e.g. testing of the product on a trail, etc.).

Withdrawal Form

(If you wish to withdraw the contract, please fill in this form and send it to us.)

To:             YT Industries GmbH
                  Pilatus Campus 9
                  91353 Hausen,
                  Germany

 Fax           +49 (0) 9191 736 305 111
 Email         service@yt-industries.com



I/we (*) hereby withdraw my/our (*) contract concluded to purchase the following goods (*) / to order provision of the following services (*).

Ordered on (*)___________________ / Received on (*)___________________

Consumer’s name:                               ________________________________

Consumer’s address:                           ________________________________

                                                              ________________________________

                                                              ________________________________

Consumer’s signature:                         ________________________________

Date:                                                    ________________________________

(*) Delete as appropriate.

8. Warranty & Guarantee

  1. The statutory warranty period is two years from the delivery date if the customer is a Consumer. In deviation from Sentence 1 hereof, the warranty period is one year from the delivery date if the customer is a Business Entity.

  2. If the customer is a Consumer, we guarantee, in addition to and without prejudice for our statutory warranty obligations, that:

    • 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/anodising or damage to consumable components.

      Consumable components are understood to mean: 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 at own discretion such defects that have occurred by making repairs or by delivering new or reconditioned parts. Additionally, where the exact replacement is not available, we reserve the right to replace the part concerned with a part of different colour/design or with an equivalent product of a subsequent model year. Any other claims based on this guarantee and in particular claims for damages or for a refund of transportation and assembly costs are expressly excluded.

    • Without prejudice to the statutory warranty rights, the following additional conditions shall apply to our guarantee:

      This guarantee does not apply if the bicycle shows signs of damage or wear and tear caused by inappropriate use or use not in accordance with the intended purpose, i.e. differing from the areas of use shown on our website for the bicycle concerned.

      Inappropriate use shall be understood to mean in particular:

      • Neglect of the product (inadequate care and maintenance);
      • Modifications to the frame or the fork (such as engravings or painting);
      • Mounting and alteration through integration of additional components not explicitly approved by us;
      • Replacement of components installed and delivered by us with components of a different type;
      • Continued operation of the bicycle with misaligned, defective or worn out bearings or with defective suspension elements;
      • Damage caused to the upper part of the seat tube due to failure to respect the minimum insertion depth of the seat post.
    • Furthermore, our guarantee does not apply if the bicycle shows any signs of damage or wear and tear caused by overstress of any kind, especially falls and jumps.

      Overstress occurs in the following circumstances:

      • Deformation of the frame: this is a result of excessive load and is thus a sign 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 caused by excessive load.
  3. Our voluntary guarantee is only valid for the original purchaser of the product and must be triggered with a copy of the original purchase receipt.

  4. Our voluntary guarantee is also valid for all bicycles of any category in our outlet store.
  5. We reserve the right to charge the customer for further services (such as assembly and transportation) and costs (such as additional assembly or material costs as a result of a model change in the meantime).

9. Liability. Deadline for Notification of Defects

  1. We are liable for damages caused by intent and gross negligence.

    We are also liable for negligent breach of duty where

    • Fulfilment of that duty is basically required to enable proper execution of the contract;
    • Breach of that duty jeopardises the achievement of the contract purpose;
    • and the customer generally relies on the fulfilment of that duty.

    In the latter case, however, we are only liable for the foreseeable damage typical of this type of contracts. We are not liable for any negligent breaches in the nature of only slight infringements of duties other than those mentioned in the preceding sentences – save as otherwise provided in Letter (b) hereof.

  2. The above exclusions and limitations of liability do not apply to damage resulting from injury to life, body or health, which has been caused by a negligent breach of duty on our part or by an intentional or negligent breach of duty on the part of our legal representatives or vicarious agents; neither do they apply where a guarantee has been assumed. The foregoing shall be without prejudice to the liability under the Product Liability Act.

  3. If the customer is a Consumer, the customer’s claiming rights which arise from an obvious material defect in the delivered goods shall be excluded unless the customer has notified the defect to us within two weeks of the delivery of the product; in order to meet the deadline, it is sufficient to send us the respective Consumer Notice (and also the goods if they are being returned) within the above-stated term. Sentence 1 shall apply accordingly to the Business Entities that are not merchants. For merchants, the obligation to notify defects applies instead in accordance with Article 377 of the German Commercial Code (HGB).

10. Privacy Policy

  1. All personal data are handled with the utmost confidentiality.

  2. We use personal data for optimal processing of orders, delivery of the goods, provision of services and processing of payments. We may transfer data to our contracted service providers and, if applicable, to our affiliate companies solely for this purpose.

  3. We only store data for as long as the mandatory data storage term imposed on us by law.

  4. We are not permitted to collect, submit to a third party or otherwise process personal data of the customers for any purpose other than those set forth in this Section 10.

11. Applicable Law

  1. Save as otherwise provided in the mandatory rules of international private law, the sales contract between us and the customer is subject to German law under exclusion of the UN Convention of Contracts for the International Sale of Goods (CISC) and under exclusion of the conflict of law rules of German International Private Law.

  2. Insofar as the concluded contracts are Consumer contracts in the meaning of Article 6 Paragraph 1 of Regulation (EU) 593/2008, the choice of German law does not deprive customers of the protection granted to them by the legal rules which would have applied in the absence of such choice (Article 6 Paragraph 1 of Regulation (EU) 593/2008); for Consumers whose habitual residence is outside the Federal Republic of Germany this law is the mandatory law of the state where the Consumer concerned has their habitual residence.

12. Online Dispute Resolution 

  1. The EU Commission provides an online platform for out-of-court dispute resolution. This gives Consumers the opportunity to settle disputes arising from their online orders without court involvement.

    The dispute resolution platform is accessible under the following external link: http://www.ec.europa.eu/consumers/odr.

  2. Should you have any questions regarding the online resolution of Consumer disputes, you can contact us at the following e-mail address: odr@yt-industries.com.

  3. We invariably seek to resolve in an amicable way and without involvement of courts any disagreements concerning the services we have provided. However, we are under no obligation to participate any reconciliation procedure and so, unfortunately, we cannot offer participation in such a procedure.

13. Place of Performance, Jurisdiction

  1. It is agreed that the place of performance is Forchheim if the customer is a Business Entity.

  2. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with the sales contract is Forchheim, Germany. Where the customer is a Business Entity that is not a merchant and does not have a general place of jurisdiction in Germany, it is agreed that the exclusive place of jurisdiction for all disputes arising from or in connection with the purchase contract shall be Forchheim, Germany.

14. Severability Clause

  1. Should any provision hereof be or become invalid, whether in whole or in part, the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply instead in place of the invalid provision. The same applies in the case of a regulatory gap.

15. Details Identifying the Provider

  • YT Industries GmbH
    Pilatus Campus 9
    91353 Hausen
    Germany

    Registered by Bamberg District Court as HRB 8353

    Managing Director: Markus Flossmann, Stefan Willared
    VAT-payer ID: DE 254 214 335

 

 

 

Last updated: October 2020