Terms of Purchase

Consumer Purchase Terms and Conditions

Rad Power Bikes Netherlands BV

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 from Rad Power Bikes Netherlands BV (“RPB”, “us” or “we”) including all electric bikes, electric tricycles and other electric transport offered by RPB in the United Kingdom (collectively “ebike(s)”) and/or related accessories or other products offered by RPB (collectively with ebikes, the “Products”) in the United Kingdom. By purchasing any Products from RPB, you 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 RPB are subject to other agreements, including the following:

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

2. Ebike Online and In-Store

In the event you are purchasing an ebike (i) by ordering online, or (ii) in-person at any RPB pop-up stores or conventions and trade shows, your order of an ebike is an offer to buy. RPB will send you an email confirming our receipt of your order without undue delay. RPB has accepted your order upon shipment of the ebike, at which point a contract is formed between you and RPB. The contract will be concluded in English. 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.

Order Process

  1. After choosing a Product and adding it to your shopping cart, you will be forwarded to the checkout page when you click on the “Begin Checkout” button.
  2. You will be taken to an overview of the complete shopping cart to review all the items in the shopping cart. To begin the actual checkout, click on the “Checkout” button.
  3. You need to fill out your contact information and shipping address.
  4. You will click on the “Continue to Shipping” button and select a shipping method.
  5. You will click on the “Continue to Payment” button and select a payment method.
  6. After selecting a payment method, you will click the “Pay now” button to initiate the payment process with your chosen payment method.
  7. After payment is completed, you will be taken to an Order Confirmation screen that shows you an Order Summary.

You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Pay now” button.

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 and use the referral discount code at time of purchase, (iii) make an ebike purchase on www.radpowerbikes.co.uk (and the referring individual must have made an ebike purchase on www.radpowerbikes.co.uk) and (iv) not use any other active promotion or discount on their purchase. Referring customers will receive a £50 referral discount code 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 the purchased bike the referral was made on, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.radpowerbikes.co.uk account under an alternate email address.

4. Shipping

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.co.uk/pages/shipping).

  1. Once you have placed an order for an in-stock ebike or Product, you can expect delivery within the timeframe specified on our Shipping page. Back-orders need extra time to arrive in stock. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
  2. We will use UPS, a parcel service or specialized shipping company to ship your order. We do not ship to PO Boxes.
  3. Orders containing discounted Products may take an additional forty-eight (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 Products, and replacement Products, and/or refunds.
  5. 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. You will be responsible for all return shipping and collection costs. 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.

5. 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.

6. 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 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.
  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. For defective or damaged ebikes, we offer a 2 year warranty against all manufacturing defects in material or workmanship (provided that such defect or damage is not attributable to the customer). Please refer to our Limited Warranty Terms for further details.
  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 and gifted orders shall not be returnable unless faulty.
  5. Process. To exercise your right of cancellation or return, you must:]
    1. Inform us (using the contact details set out in section 16 of these Terms) of your decision to cancel or return
    2. Take a photo of the item in its original packaging to share with our Product Support team.
    3. Include a reason for your return (except that you are not required to proivde a reason when exercising your right to cancel within the fourten (14) day period) and attach the photo taken in the previous step.
  6. Refunds.
    1. We will reimburse you for all payments which we have received from you in relation to your order, plus the cost of standard delivery (if you opted for an enhanced delivery service, any additional cost of delivery above that of standard delivery will not be refunded).
    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 rimbursement 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 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. Fourteen (14) days after the day we receive back from you the Products supplied; or
      2. 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

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 or a third party 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:

  1. 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
  2. be of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose.

RPB is under a legal duty to provide Products in conformance with these Terms.

8. Price

The price of the Products:

  1. is the price indicated on the order pages when you submitted your order;
  2. is in sterling (£) (GBP);
  3. includes VAT at the applicable rate for Products shipped within the United Kingdom; 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).

9. 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 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.

  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 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

10. Liability

  1. These Terms do not exclude or limit our liability (if any) for:
  2. RPB shall not be liable for (i) any consequential or indirect loss that is unexpected (i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable)) and/or (ii) loss of profits, revenues, business, goodwill and/or anticipated savings suffered by you and/or (iii) losses caused by a delaying event outside of our control.
  3. 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. Subject to section 10, you agree to reimburse RPB and its directors, officers, employees, agents, members, partners, suppliers, and licensors in full, for any losses or third party claim or demand relating to or arising from: (a) 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.

13. Amendments

We may need to amend these Terms from time to time for example, because of an update to the law. We will circulate a notification of any material changes to these Terms by email at least two weeks prior to any such changes taking effect. 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

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

16. Complaints and Contact Details

If you have any questions or complaints about the Products you can contact RPB by:

  1. Post: Rad Power Bikes Netherlands BV, c/o Support - Zonnebaan 27, 3542 EB, Utrecht, Netherlands
  2. Email: eu-support@radpowerbikes.com

VAT Number: NL857683184B01

17. 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 you reside in 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. 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 or United Kingdom, you may also bring judicial proceedings relating to the Terms before the competent court of your country of residence. If you are a consumer and reside in the European Union or United Kingdom, we may only bring judicial proceedings against you in your country of residence. If you are acting as a business 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, 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.co.uk or by mail at the following address:

Rad Power Bikes Netherlands BV

Zonnebaan 27,

3542 EB, Utrecht,

The Netherlands.