Terms of Purchase
Consumer Purchase Terms and Conditions
Rad Power Bikes Inc.
Last updated March 23, 2023
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 (collectively “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 agree to these Terms in their entirety.
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 following:
- Limited Warranty Terms (https://radpowerbikes.eu/pages/warranty)
- Owner’s Manual (https://radpowerbikes.eu/pages/owner-tools)
2. Ebike Online, In-Store and Mobile Demo Orders
In the event you are purchasing an ebike (i) by ordering online, (ii) in an RPB retail store (as opposed to a direct purchase in store of in-stock item), or (iii) through our “RPB Mobile demo program”, your order of an ebike is an offer to buy. RPB will send you an email confirming our receipt of your order. RPB 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 full refund of any advance payments that we may have received from you.
Special Offers, Discount Codes, and Promotions
RPB reserves the right to put limitations on the combining, stacking, and use of any and all RPB promotions done via the website, email, social media, or any other channels where RPB promotions are detailed and/or distributed. RPB reserves the right to pause all promotions, codes, and referral programs for sales and for all new Product launches. Any and all promo codes (i) must be used at time of purchase, (ii) cannot be used retroactively, (iii) cannot be stacked, (iv) cannot be used in tandem, etc. Any Product returned with an order that used a promo code, will have the discount code value subtracted from the refund value.
3. REFER A FRIEND PROGRAM TERMS/LIMITATIONS
To qualify for a gift card, the referred person must (i) be a new customer, (ii) provide the name of the referring individual at time of purchase, (iii) make a purchase on www.radpowerbikes.eu in an amount greater than the minimum amount specified in the referral offer, and (iv) not use any other active promotion or discount on their purchase. Referring customers will receive a referral gift card after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two (2) people per household. Referring customers may only earn one (1) referral credit per referred person. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.radpowerbikes.eu account under an alternate email address.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of (i) the referring customer's referral credit, (ii) the referred person's promo code; and (iii) both parties' ability to participate in this or future promotions. Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
Shipping costs vary based on items purchased. Shipping costs are calculated at checkout. For more shipping cost information, please see the shipping information page at https://radpowerbikes.eu/pages/shipping). Please note that palletized freight orders are subject to additional fees.
- In-stock orders typically ship within fifteen (15) business days. For EU residents, a shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
- We will use DHL/UPS, a parcel service or specialized shipping company to ship your order. We do not ship to PO Boxes.
- Orders containing discounted Products may take an additional forty-eight (48) hours to process.
- 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 Products, and replacement Products,and/or refunds.
- We will pay the shipping costs of return if: (a) the Products are faulty or misdescribed, (b) the return request is made within the fourteen (14) day cooling off period after receipt of the Product, or (c) 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 the Product. In addition, in our sole discretion, we may arrange the return shipping for you. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee that we will receive the Product you are attempting to return. For more information, please review our Limited Warranty Terms.
- 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 RPB retail location may be canceled if the retail location does not offer the “Buy Online Pickup In store” service. To purchase Products in-store please locate an RPB retail showroom near you.
- All Products ordered by you will remain our property until we have delivered the Products to the address stated in the order.
- 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.
6. Your Right to Cancel and Returns Policy
- 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 fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (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.
- 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.
- 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.
- Non-Returnable Items. Used Products and gifted orders shall not be returnable unless faulty.
- Process. To exercise your right of cancellation or return, you must:
- inform us (using the contact details set out in section 16 of these Terms) of your decision to cancel or return.
- Take a photo of the item in its original packaging to share with our Product Support team.
- Include a reason for your return and attach the photo taken in the previous step.
- We will reimburse you for all payments which we have received from you in relation to your order, excluding the cost of delivery.
- We may make a deduction from the reimbursement for loss in value of the Products caused by you or during shipment back to RPB.
- 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.
- Any item returned with an order that used a code, will have the entire discount code value subtracted from the refund value.
- We will make the reimbursement without undue delay, and no later than:
- Fourteen (14) days after the day we receive back from you the Products supplied; or
- if no Products were supplied to you, fourteen (14) days after the day on which we are informed about your decision to cancel the order.
Download Return Form - Not Mandatory (German only)
7. 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 Limited Warranty and shall be at your sole risk of harm.
RPB warrants that the Products shall:
- conform to the description of the Products given on its website (RPB reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet RPB’s strict standards); and
- be of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose.
The price of the Products:
- is the price indicated on the order pages when you submitted your order;
- is in EURO (€) (EUR);
- includes VAT at the applicable rate for Products shipped within the European Union;
- does not include VAT and Duties for Products shipped to Norway, Iceland, and Switzerland; and
- does not include the cost of delivering the Products (if you want delivery options and costs, visit the "Shipping” page on the website).
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 a Product, 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 Limited Warranty for that order will be paused until the chargeback has been resolved.
- 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 is 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
- These Terms do not exclude or limit our liability (if any) for:
- Loss caused by willful misconduct or gross negligence of RPB.
- 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).
- 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.
- You may have other rights granted by law and these Terms do not affect these.
11. Acknowledgement 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.
12. 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.
We may need to amend these Terms from time to time for example, because of an update to the law. A copy of the latest version of the Terms can be found on our website.
14. 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.
15. Data Privacy
16. Complaints and Contact Details
If you have any questions or complaints about the Products you can contact RPB by:
- Post: Rad Power Bikes Netherlands BV, c/o Support - Zonnebaan 27, 3542 EB, Utrecht, Netherlands
- Email: firstname.lastname@example.org; or
- Phone: +31-85 7470430
17. Governing Law and Dispute Resolution
- 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.
- Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/odr/
- 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.
18. 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.
19. 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.