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Terms and Conditions

 Contents
  1. Scope of Application
  2. Contractor
  3. Conclusion of Contract
  4. Wording of Contract
  5. Language of Contract
  6. Right of Cancellation
  7. Prices and Shipping Costs
  8. Delivery
  9. Payment Options
  10. Reservation of Ownership
  11. Warranty and Guarantees
  12. Returns/Return costs
  13. Transport Damages/Claims
  14. Applicable Law/Jurisdiction
  15. Links
  16. Other
  17. General Conditions of Use “My Bike”, Review Function and Comments Function on rosebikes.com
  18. Legal Information
  19. Provider Identification

1. Scope of Application

These general terms and conditions apply to all orders through the ROSE online shop.

2. Contractor

The sales contract is made with ROSE Bikes GmbH, Schersweide 4, 46395 Bocholt, Germany, commercial register: local court of Coesfeld HRB 8315.
You can reach our customer service for questions, complaints and alike Monday to Friday from 09.00 am to 05:00 pm, Saturday from 09.00 am to 01:00 pm by phone at 00 800 22 77 55 55 (free from landlines, calls from mobiles may be charged)

Our products and services are only directed to private consumers, we do not sell to commercial customers.

3. Conclusion of Contract

The presentation of goods in the online shop does not constitute a binding offer, but merely represents an invitation to order. By clicking the “Submit order” button you are placing a legally binding order in relation to the products in the shopping cart. The arrival of the order is immediately confirmed after it has been placed, however, this confirmation does not yet constitute our acceptance of your order. The sales contract is concluded when we accept your order by sending an order confirmation via email or by delivering the goods within 2 days.

If after completion of the sales order it is discovered that a component from the bicycle you ordered does not meet the legal requirements for product safety or, in the case that new provisions have been put in place after the sales order is concluded, may no longer be traded, provided the regulations were not foreseeable at the completion of the sales order, we are permitted to install a component of equal quality and price from the same or equivalent manufacturer, which is only marginally different from the ordered component in terms of engineering and colour.

Products are only sold in typical household quantities.

4. Wording of Contract

We will save the wording of the contract and will send you the details of your order as well as our General Terms and Conditions by email. The details of your recent orders can be found in your customer account after login.

5. Language of Contract

For all orders from Germany the language of contract is German. When ordering from abroad, you can choose between German, English, Dutch, and French as the language of contract.

6. Right of Cancellation

 6.1

Consumers have the right to cancel a contract within 30 days.

6.2 Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within 30 days without giving any reason. The cancellation period will expire 30 days from the day on which you or any third party named by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must inform us

ROSE Bikes GmbH
- Customer Service –
Schersweide 4
46395 Bocholt
Germany
E-Mail: customerservice@rosebikes.com
Tel.: +49 28 71 - 27 55 - 55

about your decision to cancel the contract by a clear statement (e.g. a letter sent by post, a fax or an email). You may also use the model cancellation form, but you do not have to. In order to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation

If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay and not later than 14 days after the day on which we were notified of your cancellation of the contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back again or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to

ROSE Bikes GmbH
- Logistics Centre -
Isselburger Str. 17
46395 Bocholt
Germany

without undue delay and in any event not later than 30 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning the goods.

6.3 Exclusion/Expiration of the Right of Cancellation
The right of cancellation does not apply to

  • the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or stipulation by the customer is significant or goods that are clearly tailored to the personal requirements of the customer
  • as well as to the delivery of audio and video recordings or software products in sealed packaging, when they have been unsealed after delivery.

    •

    7. Prices and Shipping Costs

    7.1 Prices

    All prices are stated in euros and include the statutory value added tax for the country of delivery you have chosen:

    Germany tax number (VAT ID): DE 811 440 544

    7.2 Shipping costs

    Prices shown on our website do not include shipping. For more information on delivery charges see (www.rosebikes.com/shipping). Delivery charges will be displayed separately in the shopping cart before checkout. The Buyer will bear the shipping costs, unless the order is qualified for free shipping.

    Customs Costs for Deliveries to Liechtenstein

    For deliveries to Liechtenstein customs duties may incur in addition to the shipping costs. We take care of the entire import process – you do not have to worry about a thing. The prices in our Swiss online shop already include customs costs as well as the Swiss VAT.

    Shipping Costs for Deliveries to other EU Countries and International Deliveries

    We offer various shipping options. Please see our website for detailed shipping costs or inquire when placing your order.

    Special Requirements for Bike Transport

    E-bikes and pedelecs are not shipped to all countries. Please inquire when placing your order.

    8. Delivery

    8.1 Delivery within Germany
    In our warehouse, we have more than 4 million items ready for immediate shipment. All goods available leave our warehouse the next working day (Mon.-Fri.). The average delivery time with our service provider usually is 1-2 days. Unless otherwise specified on the product page, the goods will be delivered within 10 working days of receiving your order. For orders placed with "payment in advance", the delivery period starts after the payment order is given to the sending bank. For all other payment methods, the delivery period starts one day after conclusion of contract and ends with the last day of the period. If the last day of the period is a Sunday or a national holiday in the country of delivery, the day will be replaced by the next working day. If an item you have ordered is not available, you will be notified immediately. A subsequent delivery of ordered items will be made automatically, if the initial delivery does not include all items ordered. If you do not want a subsequent delivery, please let us know when placing your order. Subsequent delivery charges will of course not incur.

    8.2 Worldwide Delivery
    Goods are usually delivered within 2 – 5 working days, but after 10 working days at the latest (extra processing time at the customs has to be considered for countries outside the EU). For a current list of delivery times, please www.rosebikes.com/shipping. A subsequent delivery outside the EU is unfortunately not possible.

    For shipments to countries outside the EU, the VAT included in our prices will be deducted upon invoicing. For deliveries to countries outside the European Community customs and taxes may be incurred in the importing country. For more detailed information on the customs and import regulations of your country, please contact the local Chambers of Commerce and Industry or customs offices.


    FTA free trade agreement with the EU:
    ROSE Bikes is not an approved exporter and cannot specify any positive preference statement on the invoice. All countries of origin are marked on our invoice, which could affect imports (country of delivery) to non-EU countries. So please contact the local customs offices for more information on customs duties.

    9. Payment Options

    We accept the following payment options:

    Credit Card

      We also accept payments with MasterCard or VISA. Please enter a valid credit card number, CVC code and expiration date when placing your order.
      Your credit card will be charged the invoiced amount at the time of dispatch.

    PayPal

      PayPal is a secure, easy and quick payment option. If you do not yet have a PayPal account, you can simply create one: Sign up on www.paypal.de/anmeldung and link your bank account or credit card to your PayPal account to be able to pay via PayPal. We will charge your PayPal account with receipt of your order. Please note that payments via PayPal are only possible within the EU.

    Prepayment

      Please transfer the total amount of your order to the bank account stated below in advance and provide your customer or invoice number, the full name of the person who placed the order and their place of residence (please make sure to also include the shipping costs when paying in advance):
        EUR transfers:
        DE
        Stadtsparkasse Bocholt
        IBAN: DE 02 4285 0035 0000 1352 51
        Swift/BIC: WELADED1BOH
        Markt 8
        46399 Bocholt
        Germany

    10. Reservation of Ownership

    The goods will remain our property until all payment obligations are met.

    11. Warranty and Guarantees

    11.1
    For all defects of the purchased item that occur during the warranty period, you have the legal right to rectification, repair or replacement. Besides, you can claim a reduction of the purchase price, withdrawal from the purchase agreement or compensation for damages instead of performance as well as replacement of your wasted costs in accordance with the statutory requirements. Exercising your right to a claim in the case of a defect shall be free of charge.

    Important note: If you have purchased a complete bike from us, you are obliged to return the entire bike to make a warranty claim, and not just the defective components. Only then can we check whether the legal requirements for a warranty claim have been met.

    11.2
    In addition, we provide extended guarantees or services for certain products. These guarantees or services are in addition to your statutory rights towards us as your contracting partner in the event of a defect.

    a. Crash Replacement Service for ROSE frames, ROSE forks and select ROSE wheels
    If your ROSE frame, ROSE fork or ROSE wheel is covered by our ROSE Crash Replacement Service (as indicated in its product description) and it gets damaged or broken in an accident, we will replace your ROSE frame, fork or wheel with the same or comparable model of our current product range for 50% of the sales price within six years from the date of purchase. The replacement of frames or forks can only occur in our facility, you are not entitled to be sent a new frame or a new fork. The cost of installing the new frame or the new fork must be paid by you. We charge depending on the time required an hourly rate of 90 EUR (Switzerland: 120 CHF). Of course, you will receive a quote from us before we complete the replacement. You are welcome to bring your bike to us personally for the replacement of the fork or frame or to repair broken wheel spokes. If this is not possible, you can send the bicycle or wheel to us at your own cost (we will pay the cost of pick-up by the transport carrier and then add it to your final invoice) by making an appointment using this link: https://www.rosebikes.com/services/service-themen/service-termin-buchen . We will invoice you for the cost of pick-up and return transportation together with the costs for installation. You can find the transportation costs (one-way) here: https://www.rosebikes.com/shipping. We are also happy to send you a new ROSE wheelset at your own cost. This service only covers damages that are not subject to additional insurance. In case of a replacement, we will replace your ROSE frame, fork, or wheelset with the same or the nearest model, if the original product is not available. In this case, you are not entitled to receive an original product or to get a replacement for non-longer compatible components. The ownership of replaced, defective components – especially of frames, forks and wheels – will be transferred to ROSE Bikes GmbH during the process of the Crash Replacement Service. We will properly dispose of replaced components, frames, forks and wheels at our own expense. The Crash Replacement Service can only be applied to the first owner of the bike and can’t be transferred.
    The service provider is ROSE Bikes GmbH, Schersweide 4, 46395 Bocholt.


    b. ROSE Recycling Guarantee

    At some point, even the best bike reaches the end of its life cycle. In order to ensure that recyclable materials are reused in an environmentally-friendly manner and that non-recyclable materials are disposed of properly, we work continuously and intensively with suitably qualified partners and service providers to optimise the environmental balance at this point. As soon as the life cycle of a ROSE bicycle ends, we take care of the professional disassembly and separation of all materials used. This means that recyclable materials are returned to the recycling loop or are disposed of properly. The disassembly and recycling are free of charge for you. You can return the bike to any Store or Touchpoint or send it back to us at your own expense. If you wish, we can arrange for the packed bike to be collected - just book the collection via our service appointment tool and we will only send you an invoice for the shipping costs. (https://www.rosebikes.com/shipping). During the disassembly and recycling guarantee process, the ownership of the bicycle being disposed will pass to ROSE Bikes GmbH. There is no entitlement to the return of individual components, to the use of specific service providers or to an itemised statement of disposal. Should the condition of the bike permit repair and further use in charitable or social projects, we reserve the right to fix up the bike and give it to such a project.
    The guarantor is ROSE Bikes GmbH, Schersweide 4, 46395 Bocholt.


    c. Manufacturer’s Guarantees and Commercial Guarantees

    All guarantees expressly specified are additional manufacturer’s guarantees or commercial guarantees. The type of guarantee is stated on the product page. Wear and improper use shall not be covered by these additional manufacturer’s guarantees or commercial guarantees (unless otherwise specified on the product page). In order to make a claim under guarantee, please send the defective product together with a proof of purchase and a description of the defect to: ROSE Bikes GmbH, 46393 Bocholt, Germany.

    Important note: If you have purchased a complete bike from us, you are obliged to return the entire bike to make a guarantee claim, and not just the defective components. Only then we can check whether the legal requirements for a guarantee claim are met.

    12. Returns / Return Costs

    Our packaging is also suitable for return shipments. For the return/complaint of online orders please enter your customer account. If you want to return or complain about a cash purchase, please click here to be redirected to the right portal. Simply hand the parcel over to the post office with the returns label on it. Please also include the completed returns form. When requesting a return, the goods may also be picked up at your address if need be. Returns from EU Member States, Switzerland and Liechtenstein are only free of charge when using our returns label or when a pick-up has been arranged by us. When returning goods from other third countries, you will bear the direct costs of returning the goods as well as the return customs clearance.

    The use of the returns procedure offered is not mandatory for effective exercise of your right of withdrawal.

    13. Transport Damages/Claims

    Please inform us of any transport damages immediately.

    If the parcel looks as though it is damaged upon arrival, please open it while the delivery person/carrier waits and ask for a written confirmation of the damage. The failure to note damage or to open the parcel while the delivery person/carrier waits does not affect your statutory warranty rights.
    If you have any questions, please feel free to contact our customer service on 00 800 22 77 55 55 (free from landlines, calls from mobiles may be charged).

    Please always use our returns label to send back a parcel (except for bikes). Please wash used articles of clothing before returning them. Please pack helmets and shoes into their box as well as into the shipping carton before sending them back. Please note that the terms mentioned are not prerequisite to the effective exercise of the right to cancel or to the assertion of your warranty claims. Please contact our Bike Service for bike returns to coordinate the processing.

    14. Applicable Law/Jurisdiction

    14.1
    All contracts concluded with us shall be governed by the laws of the Federal Republic of Germany. The Vienna UN Convention on contracts for the international sale of goods is excluded. If the customer’s habitual residence is not in Germany, but in another EU country and the national regulations specify additional consumer rights laws to the German law, the national regulations of the customer’s habitual place of residence apply (Art. 6 Section 2 Rome I Convention).

    14.2
    If the customer is a company, any legal case arising from this contract shall be heard in Düsseldorf.