General Terms and Conditions

1.1. These General Terms and Conditions apply to the sale of products, vouchers and services by Canyon Bicycles GmbH (hereinafter "Canyon", "we" or "us") in the Canyon Web Shop.

1.2. Customers are consumers, entrepreneurs, and legal entities who use the products and services themselves and do not resell them for business purposes.

1.3. 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.

1.4. No resale: Canyon sells products directly to end customers or to leasing partners. We may unilaterally cancel any order that we have reasonable grounds to 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 customer per year.

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 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. The dispatch of an automatic order confirmation, however, does not constitute acceptance.

3.1. Only natural persons of legal age and legal capacity may place orders as private end customers. If the customer is a commercial end user / entrepreneur, the order must be placed by the owner who is of legal age and legally competent or by a person who is authorised to represent the company and is of legal age and legally competent.

3.2. Each customer may only register for a Canyon account once.

3.3. The customer is obliged to truthfully provide the information required for the 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 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.

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

5.1. If delivery is impaired by force majeure, i.e. an external event that has no operational connection and cannot be averted even with the utmost care that can reasonably be expected, such as natural disasters, political and social unrest, pandemics and epidemics, our delivery time shall be extended accordingly. Force majeure shall include strikes, lockouts, lack of delivery by subcontractors and suppliers, official interventions and all other obstructions, provided that we are not responsible for the obstruction. We shall inform the customer promptly after the occurrence of the force majeure event. If the force majeure event lasts for more than thirty (30) days, both parties are entitled to withdraw from the concluded contract. Canyon will immediately refund any advance payments made by the customer.

5.2. 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.

6.1. Canyon bicycles are fully assembled and adjusted by qualified technicians at the factory. Certain components (wheels, seatposts, 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.

7.1. 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.

7.2. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company or when the goods are made available for collection as agreed.

We retain title to the goods delivered by us until full payment of the purchase price (including VAT, customs duties and shipping and packaging costs ) for the goods in question.

9.1. The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title, unless otherwise stipulated below.

9.2. 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, Canyon shall be entitled to choose between rectification of the defect or delivery of defect-free goods.

9.3. If the customer is a consumer, the warranty period for defects is two (2) years. For used goods, the warranty period is reduced to 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.

10.1. A pre-order is an order for bikes whose expected delivery date is more than 14 days in the future. Pre-orders are only available to registered customers at Canyon.com. No additional products can be added to a pre-order. Once 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 contract for the pre-ordered product is only concluded upon receipt of full payment. Until the product has been paid for in full, the customer agrees that they are not entitled to delivery of the product. The pre-order is subject to availability in production.

10.2. The customer can cancel their pre-order at any time until full payment has been made (-> Canyon Account). After full payment, customers have the right of withdrawal. The customer will receive a full refund of any reservation fee incurred.

11.1. Canyon grants its customers an additional guarantee on certain Canyon brand components. The corresponding guarantee declaration is sent with every order as part of the confirmation of receipt. The current version of the guarantee declaration is also available here.

11.2. The guarantee declaration valid at the time of purchase applies.

12.1. In addition to the statutory right of withdrawal, about which we instruct the customer separately, we voluntarily grant our customers thirty (30) days right of return for all standard products. 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 thirty (30) days. The voluntary right of return does not apply to MYCANYON Bikes.

12.2. The voluntary right of return only applies if the goods are unused 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.

12.3. The customer shall bear the costs of the return shipment.

12.4. The statutory right of cancellation remains unaffected by the voluntary right of return. The statutory right of cancellation does not apply to bicycles that are not prefabricated but have been individually assembled by the end customer (e.g. via the MYCANYON configurator).

12.5. Special regulations for bicycle leasing: In the case of bicycle leasing, the legal relationship of the lessee or employee exists exclusively with the lessor. Therefore, the lessee or employee has neither the voluntary right of return nor the statutory right of cancellation vis-à-vis Canyon. Any return conditions are governed by the contract between the lessee or employee and the lessor.

13.1. We shall only be liable to the customer for damages in accordance with the following provisions.

13.2. In the event of breaches of duty - irrespective of the legal grounds - we shall be liable without limitation for intent and gross negligence. In the event of slight negligence, we shall only be liable

(i) for damages resulting from injury to life, body or health and

(ii) for damages arising from the breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely; in this case, our liability is limited to compensation for foreseeable, typically occurring damages. An essential contractual obligation is, for example, our obligation to deliver and procure ownership of the purchased product.

13.3. The above limitations of liability shall not apply if a defect has been fraudulently concealed or a guarantee has been given in this respect.

13.4. The above limitations of liability also apply to breaches of duty by our legal representatives or vicarious agents.

13.5. Claims under the Product Liability Act remain unaffected.

14.1. A MYCANYON bike within the meaning of these GTC is any bike for which the customer has determined the equipment and/or design of the bike on the basis of the options specified by Canyon.

14.2. 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.

14.3. The customer warrants that the information provided by him for printing on the name sticker does not violate official orders, general laws (in particular German or European 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. The customer indemnifies Canyon against all claims of third parties in this respect, including any legal defense costs. Canyon reserves the right to remove such name stickers from the order.

15.1. Our General Terms and Conditions and the legal relationship between the customer and Canyon shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws.

15.2. If the customer is a consumer, we shall take into account the mandatory provisions of the country in which the customer has his habitual residence when applying the law of the Federal Republic of Germany.

16.1. If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Canyon shall be Canyon's registered office.

16.2. For other customers, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Canyon shall be the shipping or collection address chosen by the customer.