Términos y Condiciones

1. Scope

a. 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.

b. 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]). Such an Entrepreneur may only make purchases on behalf of the company. This process requires the company to be registered with YT. Company data will be verified via the VAT Information Exchange System (VIES) upon registration, each new order, each shipment, and each time the company data is changed. Commercial customers are unable to place guest orders. The offered goods are intended exclusively for use by the entrepreneur as an end user or for commercial purposes. However, this does not apply to resale. Trading is strictly prohibited. YT reserves the right to not accept contract offers that appear to be made for the purpose of commercial resale of the goods.
  
  

c. Customer contracts are concluded exclusively in German, English, French, or Spanish language, depending on whether the customer places the order via the German, English, French, or Spanish-language.

• 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.
• The Spanish 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 Spanish-language web page.
  
  

d. The customer’s terms and conditions of business do not apply even if we are not explicitly contesting them.

2. Contract Conclusion (and registration for B2B store)

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. Entrepreneurs will have their own "B2B Customer Account" after completing their free registration (see No. 1. b.). Unless otherwise provided by law, they shall be responsible for the password associated with their business account.

4. If you believe an unauthorized person has had access to your password or Business Account, you shall notify us immediately and change the applicable password.

5. Changes to company data must be adjusted by the entrepreneur in the login area under "My Account". The changed data must correspond to the data on which the competent authority is based. If the changed company data, as checked in the context of a purchase, does not correspond with the result of the VIES query (see No. 1. b.), no contract is concluded.

6. 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.

7. 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.

8. Any customer has 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.

9. Entrepreneurs can only purchase goods via the YT Industries GmbH European Union store. This further requires that the company has its registered office in Germany or another EU country and holds a valid VAT European Union identification number.

10. Unfortunately, our B2B store is currently not directed at entrepreneurs from European non-EU countries or other third countries. Entrepreneurs from these countries cannot make B2B purchases from YT Industries GmbH. The sale of consumer goods in the aforementioned countries is not affected by this.

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. Entrepreneurs will be shown the net prices after registration and login to their customer account (dynamic calculation: "net price" = "RRP" minus "VAT %" of the respective country of tax residence of the company). Invoicing is free of sales tax. For companies from other EU countries, VAT must be paid at the time of purchase (reverse charge). Gross prices are displayed and charged to German companies.

3. Payment methods:

   • For German customers, the following payment methods apply; bank transfer (advance payment), PayPal, and credit card, as well as financing via Consors Finanz or leasing via JobRad or Bikeleasing.
   • Please note: In the case of leasing options, the customer does not become a customer of YT but of JobRad GmbH or BLS Bikeleasing-Service GmbH & Co. KG. Only the ordering process is done by YT. For German commercial buyers, financing via Consors Finanz BNP Paribas is excluded.
   • For customers of the EU foreign countries and most third countries, the following payment methods are available: Paypal, prepayment, and credit card. For Austrian consumers, financing via Consors Finanz BNP Paribas is also possible.
     
     

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

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

6. 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. 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. The maximum purchase quantity per order is limited by the given selection option of the order mask. However, customers are allowed to place multiple orders.

3. 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.

4. 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.

5. 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.

6. 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. For all entrepreneurs, the Incoterms CIP are binding for all orders. This includes the seller's bearing of the costs of transport to the place of destination and transport insurance. The transfer of risk takes place when the freight is handed over to the carrier. The delivery address is addressed to the contact person specified during the order process in our store. Address additions to specify the recipient are possible. The shipment is carried out exclusively by YT Industries GmbH. A self-collection in the course of "Click&Collect" is not possible.

4. The ordered product(s) will be delivered to the delivery address specified by the customer. Deliveries to Entrepreneurs must always be made to their billing address.

5. 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.

6. 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.

7. 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).

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

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

10. 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

All customers are entitled to 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.

8. Warranty & Guarantee

a. The statutory warranty period is two years from delivery for both consumers and entrepreneurs. For the rights of the customer in case of material defects and defects of title, the respective statutory provisions apply.

b. Irrespective of whether the customer is a consumer or an entrepreneur, 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.
  
  

c. 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.

d. Our voluntary guarantee is also valid for all bicycles of any category in our outlet store.

e. 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. In the event of a necessary repair or delivery after the announced date, YT assumes no liability for loss of earnings or revenue, damage of any kind, including that caused by poor maintenance or failure to comply with service intervals, delivery delays, or other losses. Under no circumstances is there a claim for a loan bike or reimbursement of damages. We assume no liability for financial loss resulting from late delivery to entrepreneurs.

2. 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.
     
     
3. 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.
   
   
4. Defect rights of the entrepreneur who is not a merchant due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within two weeks after delivery of the goods; for compliance with the deadline, it is sufficient to send a corresponding declaration (in case of return of the goods/the dispatch of the goods) within the deadline. For merchants, the obligation to give notice of defects according to § 377 HGB shall apply instead.

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, or otherwise process personal data of the customer who is a consumer for purposes other than those specified within section 10.

5. Under Art. 6 (1) b) DSGVO, for the validation of the VAT number of entrepreneurs, the following data is transferred to the Information Exchange System (VIES) of the European Union: VAT number, country code, company name, address.

6. In all other respects, the data protection provisions of YT Industries GmbH apply.

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

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

b. 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
  VAT-payer ID: DE 254 214 335