GENERAL TERMS AND CONDITIONS OF SALE OF CANYON BICYCLES GMBH

(1) All offers, sales contracts, deliveries and services resulting from orders from our customers on our online store www.canyon.com, (hereinafter referred to as the “online store”), as well as orders placed by telephone, email or postal mail, are subject to these General Terms and Conditions of Sale. These General Terms and Conditions of Sale also apply to sales made in our Showroom when the following provisions are not specific to distance selling.

These General Terms and Conditions of Sale are issued by: Canyon Bicycles GmbH
Karl-Tesche-Straße 12 D-56073 Koblenz
Manager: Nicholas de Ros Wallace
Trade Register: District Court of Koblenz HRB 2870
Intracommunity VAT number: DE 148 719 832
Tel.: +49 261 404000
Email info@canyon.com

(2) Our online store’s product offering is aimed at consumers and professionals in the same way, but only at final consumers. In the context of these General Terms and Conditions of Sale, (i) a consumer means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity and (ii) a professional means any natural person or legal entity or a partnership with legal capacity that enters into the contract within the context of its commercial, industrial, artisanal or liberal activity.

(3) The customer’s contractual conditions are not applicable, even when we do not specifically dispute their validity on a case-by-case basis.

(1) Any validation of an order placed on the website www.canyon.com constitutes acceptance by the customer of these General Terms and Conditions of Sale.

Orders placed on the French website are intended only for the French market.

Before validating the order, the customer can check the details of the order and its total price to correct any errors before sending the order.

The distance selling contract is concluded from the moment the customer, after having read the summary of their order and its details, confirms their order by clicking on the “BUY” button.

(2) Once this step is validated, receipt of the order is confirmed to the customer by email. Another email will also be sent to him for confirmation of the order. In addition, the customer will be informed by email when his order is shipped.

The contractual information is displayed in French and will be included in the order confirmation email.

(3) The consumer customer is authorised to withdraw and return the goods in application of the specific information relating to withdrawal and return, which is sent to him with confirmation of his order and which he must have read and accepted before finalising the order. To this end, he can use the standard withdrawal form sent to him with the order confirmation email.

(4) If the customer requests repair services, he must indicate whether he accepts or refuses our quote within two weeks of receiving the requested quote, in order to avoid unnecessarily long periods of downtime of the bicycle. If the customer has made no decision known within two weeks, a reasonable additional period of one week will be granted. Once this period has elapsed, with no response from the customer, the quote will be considered as rejected and the product will be returned to the customer at his expense. The customer will then be informed again separately of the additional time granted to him.

(1) Our advertised prices include VAT at the statutory rate, excluding delivery charges. Prices for countries outside the European Union (except Australia and New Zealand) do not include VAT at the statutory rate. Customs duties and public taxes will be borne by the customer.

(2) Unless expressly stated otherwise by us, we will only deliver against payment in advance (as indicated on our order form) and on invoice (sent by email and which can also be sent with our order confirmation). At the customer’s request, we can also deliver the goods, against payment of the amount invoiced, to our premises located at Karl-Tesche-Straße 12, in Koblenz (Germany).

(3) The customer does not have any right of retention or compensation, unless his claim is undisputed or has been recognized with the force of res judicata.

(1) The Products shall be delivered to the address indicated by the customer when placing their order, located in mainland France only.

(2) The maximum delivery time is 30 days from the confirmation of the order by the customer, unless otherwise specified to the customer before the order is placed, as well as prior to the final validation of the order. The delivery time will be confirmed in the order confirmation email sent to the customer.

(3) If the goods are identified as “AVAILABLE IN STOCK” in the online store when the customer places an order, we shall keep the goods in stock for a period of five working days from the order confirmation; if the payment does not reach us during this period, we shall be authorised to sell the goods at any time.

(4) If the goods cannot be delivered or if they cannot be delivered on time, we will inform the customer without delay.

In the event of a delay in delivery, we will agree a new delivery time with the customer. If the merchandise is not available from our suppliers within a short period and therefore any delivery within a reasonable timeframe is prevented, we are authorised to terminate the sales contract.

(5) The customer may terminate the contract in writing on a durable and tangible medium, if, after having directed us to make the delivery within a reasonable additional period, we did not execute within this timeframe.

The contract is considered to be terminated upon receipt by us of the letter or written document informing us of this termination, unless we have carried out the delivery in the meantime.

The customer may immediately terminate the contract in the event of refusal of delivery or absence of delivery within the indicated period only if this period constitutes for it an essential condition of the contract.

In the event of termination of the contract in the above cases, we will immediately reimburse the customer within 14 days for the amounts he has paid us. The customer’s rights relating to a delay in delivery are not affected by the previous provision, the customer being able to demand damages only within the specific context of Article 8 of these General Terms and Conditions of Sale.

(6) We may make partial deliveries of products that have been the subject of the same order but can be used separately, in which case we will bear the additional shipping costs incurred.

(7) If a collection date has been agreed with the customer and the customer does not respect it, we will give the customer a reasonable additional period of one week, after which we reserve the right to terminate the contract.

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment methods. Payment is to be made to Klarna.

•(1) Pay in 14 days: the payment period is 14 days from the shipment of the goods or the date of availability of the service. You will find the General Terms and Conditions for markets where this payment method is available here Germany, Denmark, Finland, United Kingdom, Netherlands, Norway, Austria, Sweden and Switzerland.

•Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Denmark, Finland, Norway and Sweden.

•Direct bank transfer: Available in Germany, Austria, Belgium and Switzerland. Your account will be debited directly after placement of your order.

The Pay in 14 days, Slice It and direct debit payment methods are only available in the event of a positive credit agreement. To this end, during your purchasing process, we will send your data to Klarna to verify your address and credit. We can only offer you the payment methods available based on the verification of your credit. Klarna general information and user conditions by country can be found at klarna.com. Your personal data is used in accordance with data protection laws and in accordance with Klarna’s privacy agreements.

(1) Canyon bicycles are fully assembled and tuned by specialised technicians within our factory. Certain specific components (wheels, saddle supports, pedals and handlebars) are disassembled for transport-related safety reasons.

For these reasons, the user must be responsible for assembling these components upon delivery, following the instructions on the technical documentation and with the appropriate tools provided with the bicycle. The technical documentation is also available in the form of videos on the website. If necessary, our Service Center offers telephone support to assist the user in the assembly of these specific components. Additional support information and videos are available on our website www.canyon.com

(2) Unless expressly stated otherwise, we choose the appropriate shipping method and carrier at our discretion.

If the customer is a consumer, the risk of disappearance, deterioration or accidental loss of the goods delivered is transferred to the customer when the latter or a third party designated by the latter physically takes possession of the goods. In all other cases, the risk is transferred to the customer when the goods are delivered to the carrier company.

(3) The delivery costs are the responsibility of the customer and are indicated to them during the order process.

(4) In the event of withdrawal, the standard return costs are borne by the customer, if the goods delivered correspond to the merchandise ordered, when the price of the returned item does not exceed an amount of €40.00, or if it exceeds this amount, when the customer has not yet paid the consideration or a partial payment agreed by contract at the time of the right of withdrawal.

7.2 Effects of withdrawal

In the event of withdrawal from this contract, the total sums paid by the Customer will be returned to them, including delivery costs (except additional costs arising from the fact that, if applicable, you chose a delivery method other than the cheapest standard delivery method offered by us), no later than fourteen (14) days from the day when we were informed of your decision to withdraw from this contract. This date of reimbursement of costs may be deferred until the product is recovered or until proof of shipment of the product has been sent to CANYON, the date retained being the date of the first of these events.

Refunds are made using the same payment method the Customer used for the initial transaction, unless the Customer expressly agrees that he wishes to be reimbursed by a different method; this will never result in additional charges to you. We may defer the refund until we have received the goods or until you have provided proof of sending the goods, the date used being the first of these events.

The Customer must return the products subject to withdrawal within 14 days of his withdrawal.

For any order of less than a total amount of €40.00, the return shipping costs are borne by the Customer. For any order for a total amount greater than €40.00, the return shipping costs will be returned to the Customer. The Customer is free to choose the method of sending his product. However, no additional costs or the cost of special services (express shipments, 24-hour deliveries, collection costs, etc.) will be paid.
CANYON cannot be held responsible for the non-receipt of the customer’s package.

Only complete returned products, in perfect condition and in their original packaging will be accepted. Otherwise, the return will be considered non-compliant and will not be refunded.
The Customer’s liability is only committed with regard to depreciation of the item resulting from handling other than that necessary to establish the nature, characteristics and proper operation of this item.

(1) The transfer of ownership of the goods delivered by us is delayed until full payment of the sale price (including VAT and shipping costs) of the goods in question.

9.1 Legal guarantees

(1) Regardless of the commercial guarantee defined in Article 7.2 below, we remain bound by the legal guarantee of compliance mentioned in Articles L. 211-4 et seq. of the French Consumer Code and the legal guarantee against hidden defects defined in Articles 1641 et seq. of the French Civil Code.

Legal guarantee of compliance (extracts from the Consumer Code):

Article L211-4 of the Consumer Code:

“The vendor is required to deliver goods complying with the contract and is responsible for compliance defects existing at the time of delivery.

It is also responsible for compliance defects caused by the packaging, the assembly instructions or installation when it is responsible for such under the contract or when it has accepted liability for such”.

Article L211-5 of the Consumer Code:

“To comply with the contract, the goods must:

1. Be fit for the purpose usually expected for similar goods and, where appropriate:

- correspond to the description given by the vendor and possess the qualities presented by the vendor to the purchaser in the form of a sample or model;

- present qualities which a purchaser can legitimately expect with regard to the public declarations made by the vendor, by the manufacturer or by its representative, in particular in the advertising or labelling;

2. Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the purchaser, brought to the attention of the vendor and which the latter has accepted”.

Article L211-12 of the Consumer Code:
“Action resulting from a compliance defect is limited to two years after delivery of the goods”.

Legal guarantee against hidden defects (extracts from the Civil Code):

Article 1641:
“The vendor is bound by the guarantee as a result of hidden defects in the item sold which render same unfit for the use for which it was intended, or which reduce such use so much that the purchaser would not have bought it, or would have paid a lower price, if it had known about them”.

Article 1648:
“Any action result from latent defects must be brought by the purchaser within two years from discovery of the defect”.

It is thus recalled that, when he takes action under a legal guarantee of compliance, the customer:

- has a period of two years from the delivery of the goods to take action;
- may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
- is exempt from providing proof of the existence of a lack of compliance of the property during the 6 months following the delivery of the goods. This period is extended to 24 months from 18 March 2016, except for used goods.

The legal guarantee of compliance applies independently of any commercial guarantee granted.

The customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between termination of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

(2) If the goods supplied are affected by a lack of compliance, the customer may require that the defect be eliminated by repair or delivery of goods free of defects by replacement.

(3) We may refuse the customer’s choice if this choice results in a clearly disproportionate cost with regard to the other method, given the value of the goods or the size of the defect. We are then required to proceed, unless this is impossible, according to the method not chosen by the customer.

(4) If repair and replacement are not possible, the customer can return the goods and return the price or keep the goods and return part of the price.

The same option is open to them:

1) if the solution requested, proposed or agreed in accordance with paragraph 7(2) cannot be implemented within one month of the customer’s claim;

2) or if this solution cannot be without major disadvantage for them given the nature of the goods and the use they are seeking.

However, the termination of the sale cannot be pronounced if the lack of compliance is minor.

In addition, the specific provisions of Article 8 of these General Terms and Conditions apply to claims for damages made by the customer.

9.2 Commercial guarantee

(1) In addition to the statutory guarantee, we grant our customers a 6-year commercial guarantee from the date of delivery for models after 2008 (this guarantee is five years for previous models).

This guarantee covers the Canyon frames and forks of racing and triathlon bicycles, as well as the frames of mountain bikes, excluding bearings, shock absorbers and paint or anodization damage.

(2) We are able to offer our customers the spare parts necessary for the use of CANYON articles at least until the expiry of the statutory guarantee period. However, in the event of unavailability during this period, we reserve the right to offer equivalent or superior spare parts.

(3) Without affecting the customer’s rights under the statutory guarantee, the following additional terms apply to the commercial guarantee we provide:

(i) The commercial guarantee does not apply to defects caused by misuse or inappropriate use by reference to the fields of use shown on our website for the product in question, such as

- negligence in relation to the product (insufficient upkeep and maintenance),
- modifications of the frame or forks (e.g. engraving or paintwork),
- addition or transformation of additional components not expressly validated by us or replacement of
- components mounted by us with components of a different nature,
- falls,
- overloading,
- jumps or
- other excessive stresses.

(ii) We reserve the right to choose between the repair of defective frames or forks and their replacement with a corresponding subsequent model.

(iii) If a replacement of the frame and/or forks is necessary, we replace it based on availability with another one (or two) of the same colour, but we reserve the right to replace it with another colour in the event of unavailability.

(iv) Our guarantee services do not include any other services (e.g., assembly and transport costs), nor any additional costs for assembly or equipment following a change of model in the meantime. Within the context of our commercial guarantee, these costs are borne by the customer.

(v) Our commercial guarantee applies only to the first purchaser of the product (“first-hand purchaser”).

(vi) Pursuant to Article L. 211-16 of the Consumer Code, when the customer requests, during the course of the commercial guarantee granted to them, a restoration covered by the guarantee, a downtime period of at least 7 days is added to the remaining guarantee period. This period runs from the request for intervention or from the availability for repair of the goods in question, if such availability is after the intervention request.

(4) In addition to the statutory right of withdrawal, about which the customer is informed separately, we grant the customer a right of return of 30 days. The return period runs from receipt of the goods by the customer and is ensured by a timely return of the goods within 30 days. The statutory right of withdrawal remains unchanged.

(1) We assume no liability (regardless of the cause) for damages due to action by the customer (in particular a non-compliant or inappropriate use of the goods by the customer), to the unforeseeable and insurmountable act of a person outside the contract or to a case of force majeure.

The aforementioned limitations of liability do not apply in the event of fraud or gross negligence.

(2) Claims for damages by the customer due to apparent material defects in the delivered goods are excluded if the latter does not notify us of the defect within two weeks of delivery.

(1) We are authorised to process and record data relating to the various sales contracts to the extent necessary for the fulfilment and performance of the sales contract and for as long as the law requires us to keep such data.

(2) We do not transmit any of the customer’s personal data to third parties without the express consent of the customer, unless we are legally required to communicate data.

(3) Our detailed regulation relating to the protection and management of customer data is available at https://www.canyon.com/fr/legal/privacy/

(1) These General Terms and Conditions of Sale are subject, without prejudice to the mandatory provisions of private international law, to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods

(2) However, this provision does not prevent the application of the mandatory consumer protection provisions provided for by French law, which cannot be waived by agreement.