Rad Power Bikes LLC

Consumer Purchase Terms and Conditions

Last updated July 20, 2020

 

These Consumer Purchase Terms and Conditions (the “Terms”) apply to all consumer purchases of any model of Rad Power Bikes’ (“RPB,” “us” or “we”) electric bikes, electric tricycles and other electric transport offered by RPB in the European Union and the United Kingdom (“ebike(s)”) and/or related accessories or other products offered by RPB (collectively with ebikes, the “Products”) in the Netherlands. By purchasing any Products from Rad Power Bikes, whether online or at our showroom, you thereby agree to these Terms in their entirety.

 

    1. APPLICATION. These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with Rad Power Bikes are subject to other agreements, including the:

 

      1. Limited Warranty Terms (https://radpowerbikes.eu/pages/warranty)
      2. Terms of Use (https://radpowerbikes./eu/pages/terms-of-use)
      3. Privacy Policy (https://radpowerbikes.eu/pages/privacy-policy)
      4. Owner’s Manual (https://radpowerbikes.eu/pages/owner-tools)

 

    1. Ebike Online, In-Store and Mobile demo Orders. In the event you are purchasing an ebike by ordering online, in an RPB retail store (as opposed to a direct purchase in store of in-stock item), or through our “RPB Mobile” demo program, your order of an ebike is an offer to buy. Rad Power Bikes will send you an email confirming our receipt of your order. Rad Power Bikes has accepted your order upon shipment of the ebike. We reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud. We will provide a refund for any advance payments that we may have received from you.a.

       

 

Special Offers, Discount Codes, and Promotions

Rad Power Bikes reserves the right to put limitations on the combining, stacking, and use of any and all promotions done via the website, email, social media, or any other channels where promotions are detailed and/or distributed. Rad Power Bikes reserves the right to pause all promotions, codes, and referral programs for some sales and for all new product launches. Any and all promo codes must be used at time of purchase and cannot be used retroactively, promo codes cannot be stacked, used in tandem, etc. Any item returned with an order that used acode, will have the discount code value substracted from the refund value.

 

    1. SHIPPING. Palletized freight orders are subject to additional fees and orders of only accessories, parts or other Products that are not ebikes will be subject to applicable shipping fees.

 

      1. In-stock orders typically ship within 5 business days. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
      2. We will use FedEx, a parcel service or specialized shipping company to ship your order. We do not ship to PO Boxes.
      3. Orders containing discounted merchandise may take an additional 48 hours to process.
      4. Any changes that you make regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay your receipt of the ebike and replacement items and/or refunds if any issues occur.
      5. We will pay the shipping costs of return if: (a) if the Products are faulty or misdescribed, or (b) we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee that we will receive the item you are attempting to return. For more information, please review our Limited Warranty Terms.
      6. For any third-party shipping outside of RPB’s normal shipping process, RPB cannot provide any additional shipping information or documentation.

 

Orders placed through our online store (www.radpowerbikes.eu) with the shipping address of the Rad Power Bikes retail location will be canceled. To purchase Products in store please locate an RPB retail showroom near you.

 

    1. OWNERSHIP.

 

      1. All Products ordered by you will remain our property until we have delivered the products to the address stated in the order.
      2. If we have not received payment in full for the Products prior to their delivery, then the Products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the Products, and to enter your premises and repossess the Products (or to instruct a third party to do so), if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the Products, for any reason.
    1.  

 

    1. YOUR RIGHT TO CANCEL AND RETURNS POLICY.

 

      1. Cancellation-right for consumers If you are a consumer (i.e. not buying the Product(s) in the course of your business, trade or profession), then you may cancel your order for the Products within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.
      2. Ebike Returns. To return an ebike that is not defective or damaged, you must contact RPB within fourteen (14) days of your receipt of the ebike. The ebike must be unused, free of any wear and tear, dirt, dust fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received the ebike. You will be responsible for scheduling the shipping, paying the shipping fee, and for any damage caused to the ebike during shipping.
      3. Accessory and Replacement Parts. Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within fourteen (14) days of receipt. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it.
      4. Non-returnable Items. Used products, all merchandise, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable unless faulty. In addition, Ebikes that have been registered in the buyer's name CANNOT be returned.
      5. Process. To exercise your right of cancellation, you must

:

        1. inform us (using the contact details set out in section 13 of these Terms) of your decision to cancel
        2. if you have received the Products relating to the order you wish to cancel. Please send all returns to: Rad Power Bikes Netherlands By, c/o Return – [#OrderNumber], Landzigt 16-1, 3454 PE Utrecht, Netherlands without undue delay and in any event within 14 days from the day on which you communicate your cancellation to us. The deadline is met if you return the Products before the 14-day period has expired.

 

                        f. Refunds.

 

        1. We will reimburse you for all payments which we have received from you in relation to your order, including the cost of delivery (except for the cost of repairing or replacing ebikes that have been lost/damaged during shipment, and the supplementary costs arising if you chose a type of delivery other than the least expensive option offered by us).
        2. We may make a deduction from the reimbursement for loss in value of the Products caused by you or during shipment back to RPB.
        3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent the products back, whichever is the earliest.
        4. Any item returned with an order that used a a code, will have the entire discount code value subtracted from the refund value.
        5. We will make the reimbursement without undue delay, and no later than:
      1.  
          1. 14 days after the day we receive back from you the Products supplied; or
          2. (if earlier), 14 days after the day you provide evidence that you have returned the products to us; or
          3. if no Products were supplied to you, 14 days after the day on which we are informed about your decision to cancel the order
  1.  

 

    1. EBIKE PERFORMANCE. Please note that information regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void the Warranty and shall be at your sole risk of harm.

 

    1. PRICE. The price of the Products:

 

      1. is the price indicated on the order pages when you submitted your order;
      2. is in EURO (€) (EUR);
      3. includes VAT at the applicable rate for Products shipped within the European Union; and
      4. does not include the cost of delivering the Products (if you want delivery options and costs, visit the "Shipping” page on the website).

 

    1. PAYMENTS. In accordance with the Orders section above, payments may be declined or returned to you, in RPB’s sole discretion for any reason or no reason at all. If we accept a pre-order of an ebike, your account, credit card, or other payment mechanism will be charged upon approval by RPB, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the applicable warranty for that order will be paused until the chargeback has been resolved.

 

      1. Financing. For qualified purchasers, ebikes may be financed through RPB’s consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing partner. It your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that RPB is no way responsible for any such financing.

 

    1. WARRANTIES. RPB warrants that the Products shall:

 

      1. conform to the description of the Products given on its website; and
      2. be of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose.

 

    1. LIABILITY

 

      1. These Terms do not exclude or limit our liability (if any) for:
        1. Loss caused by willful misconduct ("opzet") or gross negligence ("bewuste roekeloosheid") of RPB.
        2. Any matter in respect of which it would be unlawful for RPB to exclude or restrict its liability (including any mandatory provisions under applicable law).
      2. RPB shall not be liable for (i) any consequential or indirect loss and/or (ii) loss of profits, revenues, business, goodwill and/or anticipated savings) suffered by you.

 

      1. You may have other rights granted by law and these Terms do not affect these.

 

    1. ACKNOWLEDGENT AND INDEMNIFICATION. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of RPB. You agree to defend, indemnify, and hold RPB and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. RPB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RPB in asserting any available defenses.

 

    1. ASSIGNMENT BY RPB. RPB shall have the right to assign these Terms, at its sole discretion, without notice to you, as long as the performance of the Agreement by us is not affected.

 

    1. AMENDMENTS. We may need to amend these Terms from time to time for example, because of an update to the law. In these circumstances, we will notify you by email and by displaying a notice on our website explaining the changes we are making not less than 4 weeks before we make any changes. A copy of the latest version of the Terms can be found on our website. 

 

    1. SURVIVAL AND SEVERABILITY. If any part or provision of these Terms is held to be void, unenforceable or in conflict with applicable law such part or provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any terms which by their nature are intended to survive the Term shall be deemed to survive any termination or expiration.

 

    1. DATA PRIVACY. Your personal data is important to us and is subject to various legal requirements. Please see our privacy policy (https://radpowerbikes.eu/pages/privacy-policy) setting out how we collect and deal with your personal data.

 

    1. COMPLIANTS AND CONTACT DETAILS.

 

      1. If you have any questions or complaints about the Products you can contact RPB by:
        1. Post: Rad Power Bikes Netherlands By, c/o Support - Landzigt 16-1, 3454 PE Utrecht, Netherlands
        2. Email: eu-support@radpowerbikes.com; or
        3. Phone: +31-85 7470430
      1.  

 

    1. GOVERNING LAW AND DISPUTE RESOLUTION.

 

      1. These Terms and any disputes between you and RPB shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws, unless, if you reside in the EU or the UK, statutory consumer protection regulations in your country of residence contain provisions that may not be derogated from and that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
      2. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/odr/
      3. You may bring judicial proceedings relating to these Terms before a competent Dutch court. If you are a consumer and reside in the European Union, you may also bring judicial proceedings relating to the Terms before the competent court of your country of residence. If you reside in the European Union, we may only bring judicial proceedings against you in your country of residence, unless you are acting as a business in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.

 

    1. R-E-S-P-E-C-T Find Out What It Means to Us (hint: a lot!) We pride ourselves in being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something has gone wrong or there is an issue with your purchase (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.

 

    1. HOW TO CONTACT RPB. If you have any questions or comments regarding these Terms, you may contact RPB by any of the methods available on our website at radpowerbikes.com or by mail at the following address: 1128 NW 52nd St. Seattle, WA 98107; ATTN: Legal Department.