General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

1. Supplementary Agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the company or by a third party on the basis of an arrangement between that third party and the company;
2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Digital content : data produced and supplied in digital form;
5. Durable medium : any instrument – ​​including email – that enables the consumer or company to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
6. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Company : the natural or legal person who offers products and/or services remotely to consumers;
8. Distance contract : an agreement concluded between the company and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
9. Model withdrawal form : the European model withdrawal form included in Appendix I to these terms and conditions;
10. Distance communication technology : means that can be used to conclude an agreement without the consumer and the company having to be in the same place at the same time.
11. General Terms and Conditions : these General Terms and Conditions of the Company.

Article 2 – Identity of the company

Article 3 – Application

1. These general terms and conditions apply to every offer made by the company and to every distance contract concluded between the company and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the company will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted at the company and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The company is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the company uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the company.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
   The exact time at which an agreement is concluded between consumer and company depends on the chosen payment method:
2. Bank transfer: After placing your order, you will receive an email from us within two days in which we explicitly accept the order. In this email, we also state our bank details. Please transfer the total amount of the order to this account.
3. iDEAL: Once you have completed your order with “Buy Now”, you will be asked for your bank in the next step. You can then complete the payment in the familiar internet banking environment of your own bank. The purchase agreement follows immediately after you have agreed to the payment. You will be redirected back to our webshop and your order will be placed. You will receive a separate order confirmation from us by e-mail.
4. Credit card: If you choose to pay by credit card, you will be asked to enter your credit card number, card expiry date and CVC code (Card Validation Code) in the next step of the ordering process. If you then click on “continue”, the data entered will be checked before you reach the order overview. If your credit card has been unlocked by Verified by Visa or MasterCard SecureCode, you will be forwarded to your bank’s security check after submitting your order. The purchase agreement is concluded when you click on “buy now”. The amount will be debited when the products are shipped.
5. PayPal: Once you have completed your order with “Buy Now”, you will be forwarded directly to PayPal. There you must log in and confirm the payment by clicking on the “Pay Now” button, which will establish the purchase agreement between you and us. The purchase amount will be credited to us immediately.
6. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.
7. If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures to that end.
8. The company may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the company has good reasons not to enter into the contract on the basis of this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
9. The company will send the following information to the consumer at the latest upon delivery of the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
10. the visiting address of the establishment of the company where the consumer can lodge complaints;b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;c. the information about guarantees and existing after-sales service;d. the price including all taxes of the product or service; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;f. if the consumer has a right of withdrawal, the model withdrawal form.
11. In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

1. You have the right to cancel this contract within 14 days without giving any reason.
2. 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 last good.
3. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company. If traces of use are visible, or the odometer readings are no longer at zero, the product CANNOT be returned. (Unless otherwise agreed)
4. In order to exercise the right of withdrawal, the consumer is obliged to notify the company in writing within 14 days after receipt of the product. By means of the model form in the appendix.
5. We charge an administration fee of 39.95 euros.
6. Any refund will be made within 14-28 days.
7. Any costs that we have to pay to payin3, spraypay or credit card will be charged to the customer.
8. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the company of this within 14 days after receiving the product. The consumer must make this known using the model form in appendix 1. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
9. If the consumer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in this article or has not returned the product to the company, the purchase is a fact.
10. Returns are at the consumer's expense.
11. To know which return address to send to, please contact customer service via WhatsApp 085-3038850 or via email info@roxx.bike .

Article 7 – Consequences of revocation

1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2. If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14-28 days after cancellation. The condition is that the product has already been received by the web shop or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method. (Please note that if the consumer has paid with the Payin3 option, the consumer must contact Payin3 themselves regarding the refund)
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the company has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of exception to the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the company has stipulated this and:
5. these are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the company is not obliged to deliver the product at the incorrect price.

Article 9 – Compliance with agreement and warranty

1. The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the company also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the company, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the company under the agreement if the company has failed to fulfil its part of the agreement.
3. Any defects or incorrectly delivered products must be reported to the company in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
4. The company's warranty period corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   a. The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
   b. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the company and/or on the packaging;
   c. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
6. An extended warranty is understood to mean any obligation of the company, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
7. Warranty is void upon sale to third party.
8. Warranty is provided (from January 1, 2023) for a period of 2 years on (previously 1 year):
9. the engine;
10. the battery.
11. frame

No warranty is provided on:

1. cables;
2. tyres;
3. other parts.
4. Water & snow damage
5. If the wattage/speed has been adjusted by the customer himself.
6. When sold to third parties.

NOTE: If the consumer removes the Roxx Bike logo sticker from the bike themselves. The warranty on the bike will be void.

Article 10 – Delivery and execution

1. The Company will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 65 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 65 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. After termination in accordance with the previous paragraph, the company will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a previously designated representative made known to the company, unless expressly agreed otherwise.

Article 11 – Payment

1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid immediately upon conclusion of the agreement.
2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the company without delay.
3. If the consumer does not meet his payment obligation(s) in time, after the company has informed him of the late payment and the company has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed. The company is also entitled to charge the extrajudicial collection costs incurred by him.

2. 15% on outstanding amounts up to €2,500;
3. 10% on the next €2,500;
4. 5% on the next €5,000

Article 12 – Use of product and regulations

1. Different countries have different regulations regarding the use of the product on public roads. Company is not responsible for the manner and place of use of the product by the consumer.

2. The consumer should consult recent national legislation regarding the manner, place and use of the product.

3. Company advises to consult RDW (or a similar body abroad) for the latest regulations regarding the use of the product on public roads.

Article 13 – Liability for (personal) injury

1. Company cannot be held liable for any (injury) damage caused by use of product.

Article 14 – Complaints procedure

1. Any complaints can be made known by means of written notification via the following email address: info@roxx.bike .
2. Complaints about the performance of the agreement must be submitted to the company fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution procedure.
5. If a complaint is found to be justified by the company, the company will, at its discretion, either replace or repair the delivered products free of charge.
6. Refunds will be made within 14-28 business days.
7. We charge an administration fee of 24.95 euros.

Article 15 – Disputes

1. Agreements between the company and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 – Additional or deviating provisions

1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

APPENDIX 1 – Model withdrawal form