Conditions générales de vente (GCV)

1. Scope of Application

1. The following General Terms and Conditions apply to all deliveries and services (hereinafter referred to in overall terms as “services”) provided YT Industries Canada ULC. (hereinafter referred to as “YT Industries Canada ULC” or “YT Industries”).

2. Any order for a product appearing on the www.yt-industries.com online store is subject to the terms and conditions contained herein.

3. Placing an order through the www.yt-industries.com online store represents acceptance and consent to these terms and conditions, and the consumer fully accepts that their agreement on the content of these conditions does not require the signature of this document, insofar as the customer wishes to order the products presented online in the framework of the website. The consumer has the option to save or print these general conditions, with the saving and printing of this document being the sole responsibility of the consumer. Further, the consumer represents hereby that they have legal capacity to accept these General Terms & Conditions and complete the sale contemplated hereby.

4. The www.yt-industries.com merchant site is the sole property of YT Industries Canada ULC

5. YT Industries reserves the right to modify the present general terms & conditions of sale.

2. Conclusion of the contract

1. Your purchase agreement is concluded with:

   YT Industries Canada ULC

   Vancouver, BC V6C 2B5

   Phone:1-619-324-7488 

    

2. All sales of YT products within the Canada are made by YT Industries Canada ULC

3. The product representations in our online shop do not constitute a legally binding offer. Such product representations are of a non-binding nature. In placing an online or telephone order you are making a binding offer of purchase. The nature of the products is solely determined by the product specifications contained within the online catalogue. These product specifications may vary from the photographs included in the catalogue. YT Industries Canada ULC will confirm receipt of placement of order by e-mail without delay. Said a confirmation of placement of order does not constitute acceptance of your offer. The sole purpose of such a confirmation of placement of order is to enable you to check your order. The contract shall not be concluded until confirmation of order is sent by e-mail or until goods are dispatched.

4. Supplementary agreements, side agreements, amendments, agreements regarding the nature of goods and the acceptance of guarantees shall not be effective unless expressly confirmed in writing by YT Industries Canada ULC

3. Prices and costs of delivery

1. Prices are stated in Canadian dollars (CAD) and do not include applicable tax, which will be calculated at check-out, where applicable, and costs of shipping. Information on shipping costs is provided in the summary of costs of shipping. You will be liable for additional costs incurred; We will indicate such additional costs to you prior to your order. Please contact us on service.ca@yt-industries.com for information in this regard.

2. Insofar as nothing to the contrary has expressly been agreed, YT Industries Canada ULC. shall determine the appropriate means of shipping and the forwarding company at our own fair and just discretion.

3. Commercial sales shall be subject to the Uniform Commercial Code, as well as the provisions of that uniform code, as adopted by the state of California. All such commercial purchases shall be considered fulfilled at our branch office in San Clemente, California, and risk of loss shall transfer to the purchaser there. Shipping may be requested and available; however, risk of loss shall transfer FOB seller.

4. Following delivery, you are required to inspect goods for possible damage during transport and to notify us of any such damage without delay. Such a requirement and any breach of such a requirement shall be without prejudice to your warranty rights. The sole purpose of such a requirement is to secure our claims against the forwarding company.

5. Pricing can change at any time, and is up to the responsibility of the buyer to make sure of any changes before purchase.

6. There are no guaranteed delivery times. Delivery times can be impacted by many factors, and YT Industries Canada ULC has no control over what happens to a shipment once it has left our offices.

4. Availability

1. In the event that, following conclusion of contract, YT Industries discovers the non-availability of a product indicated in the online shop as available, YT Industries may withdraw from the contract if such lack of availability is not the responsibility of YT Industries. In such a case, YT Industries will notify you without delay and will reimburse any prepayments which may have been made.

2. Insofar as certain individual components of the goods ordered cannot be supplied, YT Industries shall be entitled to replace such components with components which are technically equivalent.

3. YT Industries shall be entitled to make partial deliveries at its own expense as long as such partial deliveries are reasonable for you. 

5. Payment

1. You may choose to make payment in advance via Credit Card, bank transfer, or PayPal. All product purchases must be paid in advance where shipment is required. In the case of payment in advance, Credit Card and via PayPal, YT Industries will notify you of a customer and order number which must be used when making a bank transfer.

2. Payments made on delivery are available only where the product is purchased directly from YT Industries Canada ULC. at their offices.

3. You shall only be entitled to set off claims if your counterclaims are undisputed or established in law.

4. Right of retention may only be asserted in respect of claims arising from the same contractual relationship.

6. Retention of title

1. Goods shall remain the property of YT Industries until such time as full payment is made. No goods may be pledged, offered as collateral, processed or altered prior to transfer of ownership without the written approval of YT Industries.

7. Disclaimer of Warranty

1. EXCEPT AS SPECIFIED IN SECTION 9 “LIMITED WARRANTY”, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY YT INDUSTRIES CANADA ULC., ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ANY LIMITATION ON WARRANTY DURATION MAY NOT APPLY. THESE WARRANTIES GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

2. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

8. Liability

1. These General Terms and Conditions do not limit the liability of YT Industries, its legal representatives and vicarious agents arising from damage to life, limb or health nor do these General Terms and Conditions limit liability arising as a result of malicious concealment of defects or acceptance of a guarantee of the nature of goods. These General Terms and Conditions further do not limit liability as a result of damages caused by intentional or grossly negligent breach of duty by YT Industries, its legal representatives or its vicarious agents.

2. Insofar as liability for damages is excluded or limited pursuant to Clause 8.1 Paragraphs 2 and 3 above, such an exclusion or limitation shall also apply in respect of any liability on the part of the vicarious agents and legal representatives of YT Industries.

9. Limited Warranty

1. YT Industries warranties its products against defects in materials and workmanship as follows: (i) carbon full suspension frames are warrantied for a period of five (5) years from the date of purchase; (ii) aluminum full suspension frames are warrantied for a period of five (5) years from the date of purchase; (iii) non-suspension frames, regardless of frame materials, are warrantied for the lifetime of the bike; and (iv) all component parts manufactured by YT Industries GmbH, including but not limited to seat stays, chain stays, etc., are warrantied for two (2) years from the date of purchase.

2. The warranty provided by this Section 9 warranties that the YT Industries frame or component parts, as applicable, will remain free from material defects and defects in workmanship for the period set out in Section 9.1 above. This warranty does not extend to, or include parts subject to wear and tear or damage to paintwork/iodization. Parts subject to wear and tear include, but are not limited to: bearing axes, roller bearings including their seals and lubricants (deep groove ball bearings/angular ball bearings/needle bearings etc.), sliding bearings, the guides and seals of suspension elements, drive components (chain/pinions/chain links/free-running hub) and brake pads.

3. This warranty further does not extend to any third party component parts attached to, or sold in conjunction with a complete bike sold by YT Industries Canada ULC.

4. Components other than the YT Industries frame, including but not limited to handlebars, headsets, wheels, brakes, chains, cranks, pedals, gears, suspension components, derailleurs, seats, seat posts, bearings, etc., are not warranted by YT Industries Canada ULC., but may be covered by their respective manufacturers’ warranties. For warranty information on third party component parts, please see warranty information from each individual component manufacturer. Please advise, and contact YT Industries Canada ULC in case of such warranty claim, and we will attempt to assist with warranty process for a component provider to the extent we determine reasonable.

5. YT Industries Canada ULC. will act at its own fair discretion and at its own expense in remedying any defects which occur via repair or via the supply of new or generally reconditioned YT-Industries parts. In the case of non-availability, we further reserve the right to provide replacements in a different color/design or in the form of an equivalent model from a subsequent year. Other claims made on the basis of this warranty shall be excluded, in particular claims for compensation or for reimbursement of transport costs or costs of assembly. Notwithstanding this, the present warranty shall be without prejudice to your contractual or statutory rights associated with the purchase of the product.

6. The following additional conditions apply in respect of the warranty:

   The warranty shall not apply in circumstances where the bicycle exhibits damage or appearances of wear and tear caused by use which is improper or inappropriate in accordance with the areas of deployment for the respective bicycle as presented on our website. Improper use of the product, for which the warranty will be void include, but are not limited to the following:

   1. Neglect of the product (insufficient care and maintenance)

   2. Alterations to the frame or fork (e.g. engravings or varnishing)

   3. Installation and conversions using additional components not expressly authorized by us or replacement of components installed by us when the bicycle was supplied with non-equivalent components

   4. Ongoing operation of a bicycle with wrongly adjusted, defective or worn out bearings or defective suspension elements

   5. Damage to the seat tube in the area where it meets the upper bar as a result of the saddle support being pulled too far out of the seat tube

   6. Other uses of the product, for which the product was not designed, and which YT Industries USA Inc. has made no indication of the acceptability of such use or fitness for such purpose.

7. This limited warranty is conditioned upon the YT products being used and operated under normal conditions, within the reasonable foreseeable use of the product, and continued proper maintenance of the product. The warranty shall not apply in circumstances where the bicycle exhibits damage or appearances of wear and tear which are caused by excessive stresses of all kinds, in particular falls and jumps. Excessive stresses shall always be deemed to have taken place in the following cases.

   1. Deformation of the frame. This is the consequence of excessive stress and thus constitutes a sign of improper use.

   2. A bent or broken drop-out (the part of the dropout to which the rear derailleur hanger is attached). This is a result of overload or incorrect adjustment. This component is designed to prevent damage to the frame and derailleur caused by excessive stress.

8. The limited warranty set forth in this Section 9 is applicable only to the initial purchaser of the product and requires a copy of the original sales receipt in order to be honored. The initial purchaser shall not assign any of its rights or delegate any of its obligations under these General Terms and Conditions. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves purchaser of any of its obligations to YT Industries Canada ULC.

9. Applicable Models – This limited warranty applies to those products purchased from YT Industries Canada ULC, as factory warrantied by YT Industries, GmbH. Other YT-Industries products not purchased from YT Industries Canada ULC, or not in the possession of the original purchaser shall not be covered by this limited warranty. Non-YT-Industries products purchased from YT Industries Canada ULC are similarly not covered by these terms and conditions or this warranty, but rather are covered by the warranties of the respective manufacturer of the product.

10. The individual presenting any YT product for warranty service or replacement shall pay all labor charges associated with non-warranty repair or replacement. This limited warranty does not cover shipping of the products; therefore, all travel or shipping charges associated with either warrantied or non-warrantied service or replacement shall be borne by the individual presenting the product for warranty service or replacement, unless otherwise arranged by YT Industries Canada ULC. customer service with a pre-paid shipping label.

11. THIS SECTION 9 REPRESENTS THE FULL AND COMPLETE STATEMENT OF LIMITED WARRANTY PROVIDED BY YT INDUSTRIES CANADA ULC AND YT INDUSTRIES GMBH FOR ITS PRODUCTS. NO EXTENDED WARRANTY IS OFFERED OR PERMITTED AND ANY SUCH EXTENSION OF WARRANTY IS OUTSIDE OF THE SCOPE OF REPRESENTATION OF YT INDUSTRIES CANADA ULC. AND YT INDUSTRIES GMBH. NO ACTIONS BY ANY THIRD PARTY MAY CREATE AN EXTENSION OF THIS WARRANTY. ALL OF THE REMEDIES AVAILABLE TO THE ORIGINAL OWNER ARE STATED HEREIN. PURCHASER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT YT INDUSTRIES CANADA ULC. AND YT INDUSTRIES GMBH’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND IN NO EVENT SHALL YT INDUSTRIES CANADA ULC. OR YT INDUSTRIES GMBH BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

10. Right of withdrawal

If the purchaser, within fourteen (14) days of placing the order but still prior to the shipment of the product, determines they no longer wish to purchase the product, the purchaser may withdraw from the purchase contract by contacting YT Industries Canada ULC and notifying us of such withdrawal. This notification must be made via our contact form found online. If the product has shipped, the withdrawal period is over. However, if your bike has not been ridden, you may request to return your bike if you wish to buy a different model, size, or color of bicycle.

Eligible products must be returned in new condition and be free from any cosmetic or mechanical damage. Bikes must be repackaged per the instructions in the user manual and in original YT packaging. A return must be accompanied by all tools and parts included with the original shipment. Upon arrival of the returned goods to YT Industries Canada ULC, a thorough inspection will be completed by our service staff and a refund issued accordingly. At the discretion of YT Industries Canada ULC, adjustments to the refunded purchase amount will occur on products that show signs of wear or cosmetic damage. All sales are final on discounted bikes purchased through the bike outlet page. All sales are final on Decoy batteries.

All return inquiries must be written to service.ca@yt-industries.com.

11. General Provisions

1. YT Industries will store the text of the contract and send you the order data and General Terms and Conditions by e-mail. You may view your past orders in the customer log-in area.

2. The language of the purchase agreement and these General Terms and Conditions are English.

3. The purchase agreement is governed by the law of Quebec, QC. Claims against YT Industries GmbH for defects in materials or workmanship shall be governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods shall not apply.

4. Claims against YT Canada shall be governed by the law of British Columbia, with jurisdiction and venue arising in the Quebec, Qc. For claims against YT Industries, GmbH, if you have no general place of jurisdiction in Germany or move your place of residence or usual domicile outside the scope of jurisdiction of the Federal Republic of Germany after conclusion of the contract, place of jurisdiction shall be the location of the Registered Office of YT Industries. The same shall apply in circumstances where your place of residence or usual domicile is not known at the time at which a legal action is brought.

5. In the event that one of the provisions contained within the present Agreement including the present provision should be or should become invalid either in whole or in part, this shall be without prejudice to the validity of the other provisions herein contained and such unenforceable provision shall be stricken and the remainder of these General Terms and Conditions shall not be affected thereby. Such an invalid provision shall be replaced by the relevant statutory provisions to the extent possible.

6. No waiver by YT Canada of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by YT Canada. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these General Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

7. YT Canada shall not be liable or responsible to purchaser, nor be deemed to have defaulted or breached these General Terms and Conditions, for any failure or delay in fulfilling or performing when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. General Use Disclaimer

Cycling is a Dangerous Activity

All forms of cycling present inherent risks of injury that the rider must assume, and a bicycle cannot protect you in an accident. Always wear a helmet. Do not ride in the dark or during limited visibility without proper lights. Some countries, states or cities have specific requirements for lights and other equipment. Check before traveling with your bicycle.

You must make your own decisions about your skills and the level of risk you are willing to confront. Do not ride beyond your ability or the designated limits of your bicycle. If you are not sure of the limits or condition of your bicycle, consult a local professional who can advise, or contact YT Industries Canada ULC. YT Industries Canada ULC. is not responsible for any damages to you or others arising from riding, transporting or other use of your bicycle. In the event that your frame breaks or malfunctions YT Industries Canada ULC. shall have no liability or obligation beyond the repair or replacement of your frame pursuant to the terms outlined in the warranty.

13. Product Life Cycle

1. Bicycles are not indestructible, and every YT-Industries frameset has a useful product life cycle. The length of that useful product life cycle will vary depending on the construction and the materials of the frameset, maintenance and care the frameset receives, and the amount and type of use the frameset is subject to over its life. Your bicycle dealer is the best source of care and information for your bicycle. The more you ride – and the harder you ride – the more frequently you should have your bicycle professionally inspected and maintained. Read your owner’s manual for recommended service intervals and procedures.

2. YT Industries Canada ULC. recommends that an professional independent bike dealer inspect the frame for stress at least annually, as well as any time the bike has been involved in a crash or subjected to significant loads, even if no damage is apparent. Crashes, overloads and repeated stresses can cause small fractures and other hidden damage that may lead to catastrophic failure. Signs of an impending frame failure may be apparent in the form of cracks, fracture lines, deformation, dents, squeaks and other indicators of abnormality, but in some cases damage cannot be seen, felt or heard. Safety checks are important to prevent accidents, injuries and failure of an YT-Industries frameset.

Never ride on a bicycle that is damaged or in need of maintenance, repair or adjustment. A broken or misadjusted part can cause stress and eventual failure of that part or other parts. For example, a single loose or broken spoke can lead to wheel failure and a catastrophic crash.