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General Terms and Conditions
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1.1. These General Terms and Conditions of Business (Terms) apply to each order by customer (Customer, You) and supply of goods and services by Canyon Bicycles GmbH (Canyon, Us, We) to you (Contract) in the Australian Canyon Web Shop. No other terms are implied by trade, custom, practice or course of dealing. These Terms apply to the exclusion of any terms You put forward, even if We do not separately object to the validity of Your terms in individual cases, or if We carry out the delivery of our goods or services to You without reservation, or if We perform any repairs.
1.2. No resale: Canyon sells the cycling products (Products) directly to end customers or to leasing partners. We may (acting reasonably) unilaterally cancel any order that we have reasonable grounds to believe was placed with the purpose of reselling the Products as new or is otherwise contrary to good faith. A maximum of 10 bicycles may be purchased per customer per year.
1.3. If You are purchasing a Product on behalf of a lessor, then you must ensure the lessor will comply with these Terms and the payment for the Product must be by the lessor.
1.4. If the lessor is purchasing Product(s) in order to lease Product(s) to end users, then You must notify Us so and We may negotiate a specific agreement with the Lessor to address the proposed leasing of Products.
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1.1. These General Terms and Conditions of Business (Terms) apply to each order by customer (Customer, You) and supply of goods and services by Canyon Bicycles GmbH (Canyon, Us, We) to you (Contract) in the Australian Canyon Web Shop. No other terms are implied by trade, custom, practice or course of dealing. These Terms apply to the exclusion of any terms You put forward, even if We do not separately object to the validity of Your terms in individual cases, or if We carry out the delivery of our goods or services to You without reservation, or if We perform any repairs.
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2.1. Unless otherwise stated in the customer's order, We are entitled to accept orders received via our online shop or by other means within five (5) working days.
2.2. The order is accepted by Us as soon as We declare acceptance to the Customer within the acceptance period or hand over the goods to the customer. The dispatch of an automatic order confirmation by Us, however, does not constitute acceptance.
2.3. Once an order is accepted, the Contract between You and Us will come into existence from the date of acceptance by Us.
2.4. If You place multiple orders and each order is accepted by Us, then each order will become a separate Contract between You and Us.
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2.1. Unless otherwise stated in the customer's order, We are entitled to accept orders received via our online shop or by other means within five (5) working days.
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3.1. Only natural persons of full age and legal capacity are allowed to place an order, whether they place the order:
3.1.1. for the purpose of commercial or non-commercial use of the Products; or
3.1.2. on their own behalf or on behalf of another entity.
3.2. Each Customer may only register for a Canyon account once.
3.3. The Customer must provide the complete and accurate information as required for an order and / or customer account creation.
3.4. If the Customer creates a customer account, the Customer is obliged to keep the password secret, not to disclose it to third parties under any circumstances and to store it in such a way that third parties cannot access it. The Customer account is personal, non-transferable and non-inheritable.
3.5. Should the Customer's details given in the order regarding their name, place of residence or place of delivery incl. contact details change before the Contract has been fulfilled, these changes must be communicated to Canyon immediately or changed in the customer account.
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3.1. Only natural persons of full age and legal capacity are allowed to place an order, whether they place the order:
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4.1. The stated purchase price per product does not include the shipping and packaging costs. If the product ordered by the customer is delivered abroad in accordance with the contract and if customs duties become due and/or customs clearance costs are incurred as a result, these shall be borne by the customer.
4.2. Different payment methods are available to the customer for payment of the products. These depend on the country of delivery and possibly also on the total order value and the product models. The relevant information is published in the webshop. In addition to these general terms and conditions, the terms and conditions of the respective payment provider apply.
4.3. The customer has no right to set-off unless his counterclaim is undisputed, recognized or legally established. The customer shall also be entitled to offset against our claims if the customer asserts notices of defects or counterclaims from the same contractual relationship.
4.4. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
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4.1. The stated purchase price per product does not include the shipping and packaging costs. If the product ordered by the customer is delivered abroad in accordance with the contract and if customs duties become due and/or customs clearance costs are incurred as a result, these shall be borne by the customer.
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5.1. If performance of the Contract by either you or us is impaired by a force majeure event, i.e. an external event that cannot be averted by Us, such as natural disasters, political and social unrest, pandemics and epidemics, Yours and Canyon’s obligations will be suspended and the time for performance of and compliance with those obligations will be extended, to the extent and for so long as You or Canyon is prevented from performing or complying with their obligations by the force majeure event. A force majeure event includes strike, lockout, lack of supply by subcontractors and suppliers, government actions or official interventions as well as all other obstructions, as far as we are not responsible for the obstruction. If the force majeure event continues for longer than thirty [30] days, then either party may terminate this Contract by written notice to the other, in which case Canyon will immediately refund any advance payments made by the Customer.
5.2. If a collection date of the Products has been agreed with the Customer and the Customer fails to meet the date, Canyon will provide the customer with a written notice to collect the Products. The Customer will have a one week grace period for re-collection from the original collection date or such other reasonable period as agreed in writing by You and Canyon. If the Customer fails to collect the Products before the expiry of the grace period, then we shall be entitled to terminate this Contract and refund any monies paid by You by written notice to You.
5.3. If the Customer fails to pay the purchase price for the Products, then Canyon must provide written notice to the Customer requesting payment. If the Customer does not pay the purchase price one week after the written notice, then Canyon may terminate the Contract by written notice to the Customer.
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5.1. If performance of the Contract by either you or us is impaired by a force majeure event, i.e. an external event that cannot be averted by Us, such as natural disasters, political and social unrest, pandemics and epidemics, Yours and Canyon’s obligations will be suspended and the time for performance of and compliance with those obligations will be extended, to the extent and for so long as You or Canyon is prevented from performing or complying with their obligations by the force majeure event. A force majeure event includes strike, lockout, lack of supply by subcontractors and suppliers, government actions or official interventions as well as all other obstructions, as far as we are not responsible for the obstruction. If the force majeure event continues for longer than thirty [30] days, then either party may terminate this Contract by written notice to the other, in which case Canyon will immediately refund any advance payments made by the Customer.
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6.1. Canyon bicycles are fully assembled and adjusted by qualified technicians at the factory. Certain components (wheels, seat posts, handlebars) are disassembled for transport. Consequently, the Customer must assemble them on the bicycle after receiving the bicycle using the information, assembly instructions and tools supplied and the videos provided by us in part on our website.
6.2. If required, the Canyon Service Centre offers support for assembly.
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6.1. Canyon bicycles are fully assembled and adjusted by qualified technicians at the factory. Certain components (wheels, seat posts, handlebars) are disassembled for transport. Consequently, the Customer must assemble them on the bicycle after receiving the bicycle using the information, assembly instructions and tools supplied and the videos provided by us in part on our website.
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7.1. If the Customer is not a business customer, the risk of accidental destruction, accidental damage or accidental loss of the Products shall pass to the Customer at the time the Products are delivered to the Customer or at the time the Customer is in default of acceptance (where several failed delivery attempts to the Customer have been made).
7.2. In all other cases, the risk shall pass to the Customer upon delivery of the Products to the transport company or when the goods are made available for collection as agreed.
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7.1. If the Customer is not a business customer, the risk of accidental destruction, accidental damage or accidental loss of the Products shall pass to the Customer at the time the Products are delivered to the Customer or at the time the Customer is in default of acceptance (where several failed delivery attempts to the Customer have been made).
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- We retain title to the Products delivered by us until full payment of the purchase price (including GST, customs duties and shipping and packaging costs) for the Products in question.
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9.1. A pre-order is an order for bikes whose expected delivery date is more than 14 days in the future. Pre-orders of Products are only available to registered customers at Canyon.com. No additional Products can be added to a pre-order. As soon as the complete pre-order has been submitted and the pre-ordered Product is available in production, the customer will be asked to pay for the Product. This usually takes place 14 days before the planned shipping date. A binding order for the pre-ordered Product is only accepted when full payment is received by Canyon. Until the Product has been paid for in full, the Customer is not entitled to receive delivery of the Product. The pre-order is subject to availability in production.
9.2. The Customer can cancel their pre-order at any time until the earlier of the delivery of the Product to the Customer or full payment has been made (on the Canyon website by navigating to -> Canyon Account). The Customer will receive a full refund of any reservation fee incurred.
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9.1. A pre-order is an order for bikes whose expected delivery date is more than 14 days in the future. Pre-orders of Products are only available to registered customers at Canyon.com. No additional Products can be added to a pre-order. As soon as the complete pre-order has been submitted and the pre-ordered Product is available in production, the customer will be asked to pay for the Product. This usually takes place 14 days before the planned shipping date. A binding order for the pre-ordered Product is only accepted when full payment is received by Canyon. Until the Product has been paid for in full, the Customer is not entitled to receive delivery of the Product. The pre-order is subject to availability in production.
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10.1. In addition to your rights as a Consumer under the Australian Consumer Law, Canyon grants its customers an additional warranty on certain Canyon brand components. The corresponding warranty declaration is sent with every order as part of the confirmation of receipt. The current version of the warranty declaration is also available here.
10.2. The warranty declaration valid at the time of purchase applies.
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10.1. In addition to your rights as a Consumer under the Australian Consumer Law, Canyon grants its customers an additional warranty on certain Canyon brand components. The corresponding warranty declaration is sent with every order as part of the confirmation of receipt. The current version of the warranty declaration is also available here.
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11.1. In addition to your statutory rights to return any Products, we voluntarily grant our customers a right of return of thirty (30) days for all standard products. The return period shall commence upon receipt of the Products by the Customer from purchase and shall be observed if the Products are returned to us within thirty (30) days.
11.2. This voluntary right of return only applies if the Products are unused, undamaged and unchanged. In the event of wear or modification of the goods, We reserve the right to either refuse the return or to deduct the costs for the removal of the wear or modification of the purchase price to be refunded to the Customer.
11.3. This right of return does not apply to Products which have been customised at your request (MYCANYON bikes).
11.4. The customer shall bear the costs of the return shipment.
11.5. Your statutory rights of return shall remain unaffected by Canyon’s voluntary right of return.
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11.1. In addition to your statutory rights to return any Products, we voluntarily grant our customers a right of return of thirty (30) days for all standard products. The return period shall commence upon receipt of the Products by the Customer from purchase and shall be observed if the Products are returned to us within thirty (30) days.
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12.1. Nothing in this Contract should be interpreted as attempting to exclude, restrict or modify the application of relevant consumer protection, consumer guarantees (including for personal injury) or other similar laws that apply to this agreement and cannot be contractually excluded, restricted or modified (Applicable Consumer Laws).
12.2. Subject to Sections 12.1, 12.3 and 12.4, to the extent permitted by law, Our liability to You or to any other person in relation to any claim under any Applicable Consumer Laws relating to the Your use of the Product or otherwise arising under or in connection with this Contract is limited, at Our election and discretion to:
12.2.1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
12.2.2. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
12.3. The above limitations of Our liability apply whether the claim is in contract, tort (including without limitation, negligence) equity or otherwise and even if We have been notified of the possibility of such Loss or damage and You agree that Our liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the Loss.
12.4. We are not liable for any injury, damage or loss if you use our Products inconsistently with the instructions provided with the Product.
12.5. You acknowledge that there are inherent risks in riding a bicycle.
12.6. We are not liable for any consequential loss or loss of profits (however caused) suffered or incurred by You in connection with this Contract. This clause applies even if We knew or ought to have known that the relevant Consequential Loss would be suffered or incurred by Us
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12.1. Nothing in this Contract should be interpreted as attempting to exclude, restrict or modify the application of relevant consumer protection, consumer guarantees (including for personal injury) or other similar laws that apply to this agreement and cannot be contractually excluded, restricted or modified (Applicable Consumer Laws).
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13.1. A MYCANYON bike means any bike for which the Customer has customized the equipment and/or design of the bike on the basis of the options specified by Canyon.
13.2. The voluntary right of return does not apply to an order containing MYCANYON bikes. For these bikes, Canyon offers a 24-hour right of cancellation, starting from the time the order is submitted. This cancellation must be made via the Canyon MyAccount order management system.
13.3. The Customer warrants that the information provided by him for printing on the name sticker does not violate official orders, general laws (in particular Australian law) or common decency, nor impair or infringe the rights of third parties in any way and is not of an offensive or discriminatory nature.
13.4. The Customer indemnifies Canyon against all claims of third parties in respect to Section 13.3, including any legal defense costs. Canyon reserves the right to remove such name stickers from the order.
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13.1. A MYCANYON bike means any bike for which the Customer has customized the equipment and/or design of the bike on the basis of the options specified by Canyon.
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- All consideration provided under these Terms and Conditions is exclusive of GST, unless it is expressed to be GST exclusive.
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- You may not assign or otherwise deal with any of their rights or obligations under this Contract without Our prior written consent. We may assign, novate or otherwise deal with Our rights under this Contract at any time effective immediately upon Us notifying You of the assignment or novation.
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- This Contract constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.
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- The following clauses shall survive the expiration or termination of this Contract: Sections 12 (liability), 15 (assignment), 16 (entire agreement), 17 (survival) and 18 (applicable law; jurisdiction).
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18.1. These Terms are governed by the laws in force in New South Wales, Australia.
18.2. You and Canyon submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
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18.1. These Terms are governed by the laws in force in New South Wales, Australia.
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