General Terms and Conditions
- General provisions
- General, resale, order quantity
These General Terms and Conditions of Business apply to the sale of products including vouchers to end customers who wish to have the products sent to the chosen delivery address. The General Terms and Conditions shall also apply if Canyon is to provide repair services in the country of the delivery address to an end buyer.
End customers are consumers, entrepreneurs, and legal entities who use the products and services themselves and do not resell them for business purposes.
- Our General Terms and Conditions of Business shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases. This shall also apply if we, with knowledge of the customer's General Terms and Conditions of Business, carry out the delivery to the customer without reservation or perform the agreed repair.
- No resale: Canyon sells products directly to end customers or to leasing partners. We may unilaterally cancel any order that we believe was placed with the purpose of reselling the product or is otherwise contrary to good faith. A maximum of 10 bicycles may be purchased per year.
- Purchase of products including vouchers
- Conclusion of contract
- Unless otherwise stated in the customer's order, we are entitled to accept orders received via our online shop within 2 working days. If we receive the order by other means, we may accept it within five working days.
- The offer 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.
- Ordering in the webshop
- If the customer is a consumer: The order is only possible for natural persons of full age and legal capacity. If the customer is a commercial end customer/entrepreneur: The order must be placed by the owner who is of legal age and capacity or by a person who is of legal age and capacity and authorised to represent the customer.
- Each customer may only register for a Canyon account once.
- The customer is obliged to truthfully provide the information required for the order and / or customer account creation.
- 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.
- Should the customer's details given in the order regarding his 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.
- Prices and payment
- The stated purchase price per product does not include the shipping 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.
- Different payment methods are available to the customer for the payment of the products, depending on the total order amount and the desired product. The corresponding information is published in the webshop.
- Payment by credit card: The customer can select payment by credit card at the end of the online order process and also when purchasing on site in the Canyon Showroom. When ordering by telephone, the customer will receive a payment link from Canyon by e-mail. The credit card data is transmitted via an SSL-encrypted form. If products are purchased online by credit card, the amount is first reserved. A final debit and thus charge to the credit card will only take place after acceptance of the order and when the purchase price is due.
- Payment by PayPal: The customer can select payment by PayPal at the end of the online ordering process. The customer will then be automatically redirected to the PayPal website for data entry. The transmission of the data is SSL-encrypted. Payment by PayPal is only offered for PayPal accounts with Euro currency and in the United Kingdom with British pounds. If products are purchased via PayPal, the amount is first reserved. The final debit will only take place after acceptance of the order and when the purchase price is due.
- Payment by advance bank transfer: The customer can select payment by advance bank transfer at the end of the online ordering process. For products available for immediate delivery or for delivery within 14 days, payment must be made by the customer within 5 working days of the conclusion of the contract. For products with a later delivery date, the customer will receive the advance payment invoice 14 days before the scheduled delivery date of the products. The payment on the part of the customer must be instructed at the latest 5 working days before the specified delivery date.
- Payment by invoice: Payment by invoice is possible by commercial end users / entrepreneurs in individual cases.
- If collection of the purchased goods from the Canyon Showroom has been agreed instead of dispatch or if the purchase is made in the Canyon Showroom, only cash payment and payment by EC card or credit card shall be available to the customer on site in the Showroom.
- The customer has no right of set-off unless his counterclaim is undisputed, recognised 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.
- The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- Delivery problems, withdrawal, default of the customer
- If delivery is impaired by force majeure, our delivery period shall be extended accordingly. Strike, lockout, lack of supply by subcontractors and suppliers, official interventions as well as all other obstructions, as far as we are not responsible for the obstruction, are equal to force majeure. In this exceptional case, we are entitled to withdraw from the concluded contract and will immediately refund any advance payments made by the customer.
- If a collection date has been agreed with the customer and the customer fails to meet the date, we shall be entitled to withdraw from the contract if we have set the customer a reasonable grace period of one (1) week for collection and this has expired without success. The same applies if the customer is in default of payment of the purchase price.
- Assembly on the part of the customer
Canyon bicycles are fully assembled and adjusted by qualified technicians at the factory. Certain components (wheels, seat posts, pedals, handlebars) are disassembled for transport. Consequently, the customer must assemble these on the bicycle after receipt of the bicycle with the aid of the information and tools supplied and the videos provided by us in part on our website or, if necessary, by telephone support from the Canyon Service Centre.
- Shipping, transfer of risk
If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are handed over to the customer or at the time the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company. If we have performed repair and/or assembly work at the customer's location, however, the risk shall pass to the customer when the work is completed and the goods are handed over to the customer.
- Retention of title
We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
- The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title, unless otherwise stipulated below.
- If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, we may, however, choose between rectification of the defect or delivery of a defect-free item.
- If the customer is a consumer, the warranty period for defects is two (2) years, for used goods one (1) year. If the customer is an entrepreneur, the warranty period for defects shall be one (1) year. These warranty periods shall not apply to claims for damages by the customer arising from injury to life, limb or health or in the event of wilful or grossly negligent breaches of duty by us or our legal representatives or vicarious agents or in the event of fraudulent intent or to the extent of any warranties granted.
Pre-orders are only available to registered customers at Canyon.com. In the case of a pre-order, no further products can be added to the order. As soon as the complete pre-order has been sent and the pre-ordered product is available in production, the customer will be asked to pay for the product. A purchase contract for the pre-ordered product is only concluded upon full payment. Until the product has been paid for in full, the customer agrees not to be entitled to delivery of the product. The pre-order is subject to availability in production. The customer can cancel his pre-order at any time until full payment has been made (-> My Account -> Track Orders). After full payment, the customer has the right of withdrawal. He will receive a full refund of any reservation fee paid.
- Frames and framesets of the Canyon brand: Canyon grants a six (6)-year guarantee from the date of purchase on the structural integrity of frames or framesets for the first purchaser. A frameset is a Canyon brand frame equipped with a Canyon brand rigid fork. Shocks, suspension forks and suspension parts do not fall under the definition of a frame or frameset. Also excluded are the bearings on full-suspension frames and damage to the paintwork/anodisation. Bikes of the series "Stitched CRF Trial" are excluded from the (6) -year guarantee. For bikes of this series, Canyon provides a (2) -year guarantee.
- Selected Canyon brand components: On Canyon brand seat posts and cockpits (handlebars/stem unit), we also provide a six (6) year guarantee from the date of purchase on the structural integrity of these parts for the original purchaser. Paint finishes and graphics are not included in this definition.
- Canyon brand batteries as equipment on electric bicycles: Two-year guarantee from the date of purchase or up to 500 charge cycles, whichever comes first. The batteries are designed to retain up to 70% of their original performance during this period.
- The guarantee in paragraphs X.1.-X.3. above 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: Neglect of product; modifications to frame or fork (for example engravings or lacquering); crash; excessive load; jumps; mounting and alteration of additional components that were not expressly approved by us or replacement of our original components by components that do not have a similar quality.
- Canyon reserves the right to limit guarantee services to the country in which the product was purchased. We will repair defective frames or forks or replace them with an appropriate successor model. Replacement with a successor model may be necessary as we cannot hold our stock indefinitely. In any case, we will endeavour to provide a product that is as similar as possible to the original product.
- Other components and products (e.g. clothing) of the Canyon brand and all components from third party manufacturers (e.g. suspension elements, brakes, rear derailleurs) are not covered by this guarantee. However, a specific guarantee from the third-party manufacturer may apply. Information on this can be found on the manufacturer's pages of the third-party manufacturer.
- Voluntary right of return
- In addition to the statutory right of withdrawal, about which we instruct the customer separately, we voluntarily grant our customers a right of return of 30 days. The return period shall commence upon receipt of the goods by the customer and shall be observed if the goods are returned to us within 30 days.
- The right of return only exists if the goods are unused.
- The customer shall bear the costs of the return shipment.
- The statutory right of withdrawal shall remain unaffected by the right of return.
- We shall only be liable to the customer for damages in accordance with the following provisions.
- In the event of breaches of duty - irrespective of the legal grounds - we shall be liable for intent and gross negligence. In the case of slight negligence we shall only be liable for
- damages resulting from injury to life, body or health, and
- damages arising from the breach of an essential contractual obligation, i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies and may rely; in this case, our liability shall be limited to compensation for the foreseeable, typically occurring damage. An essential contractual obligation is, for example, our obligation to deliver and procure ownership of the purchased product.
- The above limitations of liability shall not apply if a defect has been fraudulently concealed or if a guarantee has been assumed in this respect.
- The above limitations of liability shall also apply in the event of breaches of duty by our legal representatives or vicarious agents.
- Claims under the Product Liability Act shall remain unaffected in all cases.
- Applicable law
- Our General Terms and Conditions and the legal relationships between the customer and Canyon shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
- the customer is an entrepreneur,
- the customer is a consumer and has his habitual residence in Germany, or
- the customer is a consumer and has his habitual residence in a country which is not a member of the European Union.
- In the event that the customer is a consumer and has his habitual residence in a member state of the European Union, the applicability of the law of the Federal Republic of Germany shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
- Place of Jurisdiction
If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Canyon is the registered office of Canyon.
- Repair services
- Quotation, transport of the bicycle, repair modalities, payment
- If the customer wishes repair services to be carried out outside the warranty and guarantee, we shall prepare a quotation for the customer for this purpose. We are bound to this offer for 2 weeks. If necessary, the preparation of the offer requires that the customer makes the bicycle available to us for inspection at our place of business.
- If the bicycle is located outside of Germany, we will organise the collection and return by a transport company commissioned by us on request and conclude the transport order on behalf of the customer. We will inform the customer in advance of the costs and modalities in this regard and ask for authorisation to do so. If we commission the transport company in our own name for this purpose, the customer shall pay the collection and return costs in advance.
- If the customer does not accept the offer within the binding offer period of 2 weeks, no repair order shall be concluded and the customer shall be obliged to collect the bicycle. If the bike was sent to us by a transport company for the preparation of the offer, we will return the unrepaired bike to the customer at the customer's expense and risk.
- If the customer has approved a lump-sum amount for the repair services prior to the preparation of our offer and if it is determined during the preparation of the offer that this amount is exceeded, the customer will receive a new offer from us for the conclusion of the repair contract. We shall be bound by this offer for 2 weeks. Clause 3 shall then apply accordingly. 5.
- We shall report the completion of the repair. The repair invoice is to be paid immediately after acceptance upon collection. If desired, we will organise the return of the repaired wheel on behalf of the customer, cf. clause D I 2. In this case, the repair invoice must be paid before the wheel is returned.
- The statutory provisions apply to the customer's rights in the event of material defects and defects of title.
- All claims of the customer due to defective repair services shall become statute-barred within one (1) year after acceptance of the repair services.
- The above reduction of the statutory limitation period shall not apply if the defect is due to intent, gross negligence or a breach of a material contractual obligation (obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the customer regularly relies and may rely, such as the obligation to repair the defective wheel, cf. clause D I 5) and/or in the event of injury to life, limb or health by us, our legal representatives or vicarious agents.
- Delivery problems, liability, final provisions
- Clause B IV. 1 shall apply accordingly if we do not receive parts required for the repair and the parts are permanently unavailable.
- Clause B XII shall apply accordingly. An essential contractual obligation pursuant to B XII. 2 b ) in the case of repair contracts is, for example, the obligation to repair and return the repaired item.
- Dection B XIII. and B XIV. apply accordingly.