General Terms and Conditions of Canyon Bicycles GmbH
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a "Customer“) through our online shop www.canyon.com (the "Internet Shop“), including orders by telephone, e-mail, fax, or mail shall be governed by these general terms and conditions of sale (the "General Terms and Conditions“).In addition, all sales in our Showroom shall also be governed by these General Terms and Conditions insofar as they do not specifically regard distance selling.
(2) The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a "Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec.14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(1) Our offerings published in the Internet Shop, in catalogues, and in our Showroom are non-binding.
(2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the 5th calendar day following the day of the offer. We are able to accept the order within this period.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer in connection with the e-mail confirming receipt of the order.
(5) In case the Customer asks for a cost estimate for repair work, in order to avoid unnecessary long service time for customer bicycles, the Customer has to declare within two weeks after receipt of the requested cost estimate whether he wants to accept or decline our offer. In case the Customer does not make a declaration within two weeks, we will provide an appropriate grace period of one week. After expiry of the grace period without a declaration of the Customer, we will assume that he declines our offer and will in this case return the product at the shipping costs of the Customer. We will also inform the Customer separately of this consequence in connection with our information regarding the grace period.
(1) Our prices include statutory VAT (GST), but are net of shipping costs. Prices in non-EU countries (excluding Australia and New Zealand) do not include VAT (GST). Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form) upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Customer’s request, to be made in the order form, we will deliver the product against payment of the invoiced amount in our store in Karl-Tesche-Straße 12, D-56073 Koblenz.
(3) 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.
(1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products specified as "AVAILABLE FROM STOCK“ (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin upon receipt by us of the full purchase price (including VAT and
shipping costs).
(2) In the event that the product has, upon placement of the offer by the Customer, been identified in the Internet Shop as "AVAILABLE FROM STOCK“, we will keep sufficient quantity of the product in stock during a period of five business days following our acceptance of the order; unless payment is received by us within such period, we shall be free to otherwise sell the product. In such case, we shall dispatch the product during such period of five business days only as long as a sufficient quantity of the product is in stock. Otherwise, a period of three weeks as from the receipt of payment shall be deemed to be agreed upon for the dispatch of
the product.
(3) In the event that our supplier fails to deliver in a timely manner any products which were not identified on the offer page in the Internet Store (at the time of the order) as „AVAILABLE FROM STOCK“ or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall be extended until delivery is made by our supplier plus an additional period of two business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply the products is not a result of our fault or negligence.
(4) In the event that the product is no longer available, or cannot be timely delivered, for any of the reasons set out in subsection 3, we shall without undue delay inform the Customer thereof. In these cases, we will make an individual agreement with the customer regarding the time of delivery. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 8 of these General Terms and Conditions. In the event that the product is permanently not available, we will not accept the order. In this case, a sales contract with the Customer shall not become effective.
(5) In the event that we fail to keep a date of delivery, the Customer shall provide an appropriate grace period that may not be less than one week.
(6) Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
(7) In case the Customer does not apply with an agreed pickup date, we will provide an appropriate grace period of one week and reserve our right of rescission of the contract. We will also inform the Customer separately of this consequence in connection with our information regarding the grace period.
(1) Canyon bikes are fully assembled and adjusted by qualified technicians in our factory. Specific components (wheels, seat posts, pedals, handlebars) are removed for safety reasons prior to shipment. For this reason the consumer must fit these parts when he receives delivery of his bike. Written information on how to fit wheels, seat posts, pedals and handlebars as well as the necessary tools are included with the delivery of the bike. In addition, a video explaining how to fit the required parts is available on the Canyon website. If necessary, telephone support on how to fit parts is available from the Canyon Service Center.
(2) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall bear the risk of transport in case the Customer is a consumer.
(3) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates.
(4) 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.
(5) The Customer shall bear the shipping costs. The shipping costs include the costs for a transport insurance against the usual risks of transportation. We will inform the Customer of the shipping costs in the order form.
(6) 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 40.00, 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.
(1) 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.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects.
(2)We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(3) If the remedy (supplementary performance) pursuant to Section 7 fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(4) The statutory warranty is valid for two years from the date of delivery. In the case of used goods, which have been examined or maintained and reconditioned, in accordance with the manufacturer's specifications, the statutory warranty is valid for a period of one year, if the customer is the end-user.
(5) In addition to the statutory warranty, we voluntarily grant for 2008 models and onwards an extended guarantee of 6 years in total from the date of purchase (5 years for all models prior to 2008) for Canyon frames and Canyon forks on road and triathlon machines as well as on mountainbike frames, excluding bearings and shocks as well as damages to the paintwork/anodisation.
(6) Without any limitation of the statutory warranty rights of the Customer, our voluntary guarantee is subject to the following additional conditions:
(i) 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, as for example
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to (10)% of the aggregate purchase price (including VAT).
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) Damage claims of the Customer based on obvious defects of the product are excluded, unless the Customer reports the defect within two weeks after the delivery of the product.
(4) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) 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 9.
(1) 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 provisions.
Canyon Bicycles GmbH (hereinafter referred to as “Canyon”, “we” or “us”) represented by the CEO Mr.Roman Arnold would like to thank you for visiting our website and your interest in Canyon. Your privacy and the security of your personal details are of paramount importance to us at Canyon. We would therefore like to provide you with some information about which personal data is stored when you visit our website and what these personal details are used for.
This Privacy Policy can be accessed, saved and printed out at any time via URL https://www.canyon.com/en/privacy.html . Since changes in legislation or to our company’s working processes may make an amendment to our existing Privacy Policy necessary, we kindly request that you regularly read the most current version.
This Privacy Policy applies exclusively to the online services offered by Canyon Bicycles GmbH, Karl-Tesche-Straße 12, D 56073 Koblenz, which can be accessed via the websites http://www.canyon.com/“ and http://www.canyon.de/“. All the websites which fall within the jurisdiction of this Privacy Policy shall be hereinafter referred to as “Canyon- websites or “our websites”.
Personal data means any information concerning the personal or material circumstances of an identified or identifiable individual (the data subject). These include for example your name, address, telephone number, date of birth or e-mail address. Information which we cannot link to your person (or only after an unreasonable amount of research because the personal data has been masked) is not regarded as personal data.
The vast majority of our websites can be used without stating any of your personal data.
Canyon uses your personal data exclusively to offer you the most comprehensive range of services via the Canyon websites or to react to your enquiries as efficiently as possible. No other use of your personal data is made. Your personal data is not passed to Third Parties, nor is it used for the purpose of advertising unless you have expressly permitted us to do so.
We do not generate any user profiles.
Information stored on our servers about customers will be only in the form of anonymous or pseudonymous data and used solely in the delivery of our varying services or for evaluation purposes. For this purpose general information will be documented, for example when specific content in our range is accessed or which web pages are visited most often.
For this purpose we insert so-called “cookies“ (little text files containing configuration information). The inserted cookies serve the purpose of ascertaining in particular the frequency of website use and the number of users. This is how we learn which areas of our website and other websites our users have visited.
The data stored on these visits cannot, however, be traced back to the user. All the anonymous data collected will not be matched to your personal data in accordance with clause 3 of this Privacy Policy and deleted immediately after the statistical evaluation has been completed.
As you browse the Canyon website, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with the Canyon website. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising. http://www.networkadvertising.org/choices/
Most browsers are pre-set in order that accept cookies automatically. You, however, may deactivate the saving of cookies or adjust your browser in such a way that it informs you before cookies are saved. Users who do not accept cookies may not be able to access specific areas of our website.
However, our website is generally open to users, whose browsers do not accept cookies.
Facebook
is a social network operated by Facebook Inc. (1601 S. California Avenue, Palo Alto, CA 94304, USA). If you visit our website with a Facebook plugin, your web browser with automatically connect with a Facebook server. Facebook transfers plugin content straight to your web browser, which embeds the plugin on the website so that Facebook can collect information on your web browsing and register the fact that you have visited a particular website. We have no influence on the data recorded with the plugin and we inform you appropriately of what we are aware of.
If you are registered with Facebook, your visit to our website can take place via your Facebook account. If you interact with the plugins, for instance by clicking on the ‘like’ button or commenting via Facebook, this information will be sent straight from your web browser to Facebook and saved by Facebook. If you are a Facebook member but do not want Facebook to combine the data on your visit to our website to your data already saved by Facebook, then you must sign out of Facebook before visiting our website. Even if you are not registered with Facebook there is the possibility that the plugins will send your IP Address to Facebook. More information on the purpose and extent of the data collection and processing by Facebook and your associated rights and safety options on protecting your privacy are available via Facebook’s data use policy via http://de-de.facebook.com/privacy/explanation.php. In addition you can block Facebook plugins by using add-ons for your web browser such as Facebook Blocker.
Google+
is a social network operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). If you visit our website with this plugin then your web browser will automatically establish a direct connection to a Google server. The content of the plugin will be transferred directly from Google to your web browser and then placed in our website. We therefore have no influence on the extent of data that is collected by Google via the plugin. According to Google no personal data is recorded if the plugin is not clicked on. This data, including the IP Address, is recorded and processed only for registered members. If you are a member of Google+ and do not wish for Google to use our website to gather information about you and record this with your member data saved with Google, then you need to sign out of Google+ before entering our website. More information on the purpose and extent of the data collection, the further data processing and data use by Google and your associated rights and various setting options on protecting your privacy are available via Google’s data use policy: http://www.google.com/intl/de/+/policy/+1button.html.
Twitter
is a micro-blogging service offered by Twitter Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA). If you visit our website with this plugin, then your web browser will automatically establish a direct connection to a Twitter server. The content of the plugin will be transferred directly from Twitter from your web browser and then placed on our website. We therefore have no influence on the amount of data that is collected by Twitter via the plugin. We have compiled this information to the best of our knowledge, and as far as we are aware, only the IP Address of your internet connection and the URL of our website is transferred if the plugin is indeed installed with the sole purpose of collecting the content of the plugin.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of the activation of the option on 'anonymous IP' on the website, your IP adress will be shortened and made anonymous in the European Union and all its alliance states. Only in specific cases, your IP adress will be send to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By downloading and installing the browser plugin https://tools.google.com/dlpage/gaoptout?hl=US you can prevent the storage of cookies and prevent the usage of site related data (including you IP address) to and the processing of this data by Google.
This website uses Google Remarketing provided by Google Inc.. This means that any user that expresses interest in our products by visiting our website or using our online services will then be subject to targeted advertising on other websites that are a part of Google’s partner network. The information for the content of these adverts is collected via Cookies. These text files store data regarding the user’s behaviour when they visit a certain webpage, which then come up with product recommendations to be advertised to the user.
If you do not wish to be subject to any targeted advertising, you can deactivate the use Cookies for this purpose at the following page: https://www.google.com/settings/ads
By using our website and services you allow Google to collect and use information for the purposes outlined above. We would further like to inform you that Google operates its own Privacy Policy separate from our own. We assume no responsibility or liability for these guidelines or procedures. Please take time to read through the Google Privacy Policy (https://www.google.com/settings/ads) before using our website.
Personal data you send us via our website and e-mail are secure. We undertake to protect your privacy and to treat your personal data confidentially.
If we receive personal data from you, this data is stored on safe servers. Access to the aforementioned servers is only permitted to specially authorized technical, commercial and editorial personnel. These members of staff are required to treat information which comes to their knowledge confidentially and to observe and data protection laws which are in force.
In order to avoid the loss or misuse of data stored by Canyon, we take considerable technical and organizational security precautions which are regularly updated to ensure that they meet the latest technological standards.
Please note, however, that due to the structure of the Internet it is possible that data protection regulations and the above mentioned security precautions may not be observed be other persons or institutions outside our sphere of responsibility. In particular data which is not encrypted – even if this data is transmitted by e-mail – may be read by Third Parties. We have no influence on such circumstances from a technological point of view. It is therefore ultimately the responsibility of the user to protect his personal data from misuse either by means of data encryption or any other means at the user’s disposal.
The personal data collected on Canyon’s websites is stored and processed on various Canyon servers. Your personal data will not normally be passed on to Third Parties and although we do everything within our power to protect your personal data, we may under certain circumstances be required by law or court judgement to reveal information about you to public authorities.
On our websites there are so-called hyperlinks to the websites of other providers. By clicking on these links you will be automatically redirected to the website of the other provider. You will recognize this by the change of the URL among other things.
We accept no responsibility for the treatment of your personal data on these websites by Third Parties since we have absolutely no control over them and cannot guarantee that these institutions observe data protection regulations currently in force. Please inform yourself about the Privacy Policies of the relevant providers on their respective websites.
Canyon stores your personal data only as long as this is in accordance with current law.
Upon request we will be pleased to inform you whether and which data we have stored about you. Should it become apparent that in spite of our efforts incorrect data about you is stored by us, we will amend this incorrect data without delay. Further, should you require that all your personal data is deleted, then this will also carried out upon request without delay. In the event that a deletion of your personal data is not possible on legal grounds, then the aforementioned data will be blocked. Please note, however, that following deletion of your personal data we will not be able to offer you services available on our website or only to a limited extent.
If you have any enquiries pertaining to these matters please contact:
Canyon Bicycles GmbH
Karl-Tesche-Straße 12
D-56073 Koblenz
+49 (0)261 40 4000
info@canyon.com
Should you have any further questions or suggestions concerning Privacy Policy at Canyon Bicycles GmbH or the information contained in this document, please direct these to our appointed Data Protection Administrator.
Dr. Karsten Kinast LL.M. - Solicitor
Kinast & Partner Solicitors
Venloer Straße 24
50672 Köln
Federal Republic of Germany
www.kinast-partner.de
Status: November 2014
Canyon Bicycles GmbH · Karl-Tesche-Straße 12 · 56073 Koblenz · Germany
Managing director: Roman Arnold, Lothar Arnold, Michael Kaiser
Business register: Amtsgericht Koblenz HRB 2870
Sales tax identification number: DE 148 719 832
Weee: DE 73295281
Order and information Hotline: +49 (0)261 40 4000
Call and order: Monday to Friday 9.00am – 7.00pm (CET)
Order fax: +49 (0)261 40 400 50
E-Mail: info@canyon.com
Online Dispute Resolution:
Effective February 15, 2016 the EU Commission has created a platform for extrajudicial dispute resolution. This gives consumers the opportunity to resolve disputes related to online orders without the requirement for a judicial process involving courts and judges. This dispute resolution process is available via the external link at http://ec.europa.eu/consumers/odr/
wysiwyg* software design gmbh, Düsseldorf
www.wysiwyg.de
The contents of external web pages to which we have provided links to,
is the exclusive responsibility of the respective offerer.
Terms of payment and shipping of Canyon Bicycles GmbH, D-56073 Koblenz
All shipping takes place with DHL or UPS. Within the EU, any missing articles will of course be delivered to you subsequently and free of charge. For outside the EU we will contact you before shipping to inform you about the additional shipping expenses.
The supply is always subject to availability. The purchase contract takes effect upon fulfilment by Canyon, i.e. it only becomes legally effective when goods are delivered in accordance with the delivery note. In the case of catalogue, telephone and Internet orders we will inform you of the receipt of your order and on contractual details by e-mail.
All our packages are insured for the transit period. Please examine the package immediately with receipt for damages. Any damage must be communicated to the shipping company within 24 hours. You will receive a confirmation of the message, which you will send to us, together with the original package and a copy of the invoice. Please call us by telephone before you send.
Complete bicycles are delivered exclusively in our special BikeGuard box, which carries an additional charge.
Our prices include statutory VAT (GST), but are net of shipping costs. Prices in non-EU countries (excluding Australia and New Zealand) do not include VAT (GST). Any customs duties and similar public charges shall be borne by the Customer.
Orders to delivery addresses in non-EU states include the German VAT in the online shopping cart. When processing invoices the amounts of the ordered goods are displayed as net prices. Customs and import duties may also be payable on deliveries abroad. These charges are to be paid by the recipient of the goods. Canyon Bicycles has no influence on these charges.
Any VAT reimbursement must be handled by the customer directly.
Legal guidelines for Swiss visitors:
Since 1 September 2010 we are not permitted to deliver bikes and accessories under the CANYON brand name to Switzerland due to trademark protection laws. Therefore we offer bikes and accessories exclusively for the Swiss market on our Swiss website www.purecycling.ch. These products are identical to those sold outside Switzerland by Canyon Bicycles GmbH under the CANYON brand name. If you have any further queries, please contact out Information and Order Hotline on the toll free number 0800-564731.
Here you can find our General Terms and Conditions.
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