Terms and conditions for consumers
Find the terms and conditions for B2B/business customers here
This page was last updated at March 13th 2023
GENERAL TERMS AND CONDITIONS OF ROETZ LIFE FOR CONSUMERS
1. Definitions
1.1. In these general terms and conditions (the “Terms”), the following definitions shall apply:
a) Roetz Life: The private company with limited liability under Dutch law Roetz Bikes LIFE B.V., having its registered offices in Amsterdam (KvK 85777536) the Netherlands;
b) Consumer: all natural persons who act outside a business and with whom Roetz Life enters into an Agreement or is negotiating about the conclusion of an Agreement, in respect of the selling and/or delivering of the Product(s) of Rootz Life and/or providing the Services;
c) Agreement(s): any and all agreements entered into between Roetz Life and a Consumer, including the Terms and amendments thereto and either verbally, in writing or within the framework of a digital organized system for the distance sale of Product(s) and Services.
d) Product(s): any and all goods which are subject to an Agreement, including but not limited to the Roetz Life e-bike (the “E-bike”) and/or any products related thereto;
e) Services: any services provided by Roetz Life to the Consumer, either through the Roetz Life service subscription (the “Roetz Life Service Subscription”) or otherwise;
f) Order: any order issued by a Consumer to Roetz Life in any form whatsoever;
g) Roetz Rider Coaching: A largely automated service provided by Roetz Life to aid the consumer to use the Roetz Life E-bike as responsibly as possible, with the intention to prolong product and material lifetime.
2. Applicability
2.1. The Terms shall be part of any and all Agreement(s) and shall be applicable to all Product sales and/or Services, Orders, actions, work to be carried out by Roetz Life and/or legal transactions between Roetz Life and the Consumer.
3. Quotations, Agreements, Product information
3.1. A quotation or (price) offer shall not be binding on Roetz Life and shall qualify only as an invitation to the Consumer to place an Order.
3.2. An Agreement shall only be concluded to the extent Roetz Life accepts an Order from the Consumer in writing or if Roetz Life executes an Order. If at the request of the Consumer Roetz Life carries out any work for the Consumer before an Agreement is concluded, then the Consumer shall remunerate Roetz Life in this respect in accordance with Roetz Life’s customary rates.
3.3. After acceptance of an Order, Roetz Life shall at all times be entitled to cancel such Order, if the execution of the Order can no longer be required of Roetz Life. In such case Roetz Life shall not be obliged to refund any more than advance payments already made by the Customer, if any.
3.4. Roetz Life shall observe due care in informing the Consumer of any measurements, weights, features and/or other information applicable to the Products, but cannot warrant that these shall not deviate from the Product delivered. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Consumer is able to demonstrate that the Products supplied by Roetz Life materially deviate from the information, specifications or samples provided by Roetz Life in such a way that the Consumer can no longer be reasonably required to comply with the Agreement, the Consumer shall have the right to dissolve the Agreement in writing entirely or in part, without Roetz Life being liable for any damages in excess to those resulting from any statutory liability, if any.
4. Prices
4.1. All Roetz Life prices are in Euro unless expressly stated otherwise and are subject to change, which changes can occur until the date the Order has been confirmed by Roetz Life. Insofar as prices are stated in another currency than Euro, than such price is deemed to be based on the Euro equivalent of such price at the date that the price statement was made. Unless expressly stated otherwise (i.e. on the invoice or order confirmation), the prices stated on the website and pricing list are inclusive of value added tax or any other sales tax. Costs of packing and dispatch, import and export duties and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof shall be for the Consumer’s account.
4.2. Any changes in costs or prices having an impact on the prices of Roetz Life, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged to the Consumer by Roetz Life. In such case the Consumer has the right to dissolve the Agreement in writing entirely or in part. Roetz Life shall however not be obliged to refund any more than advance payments already made by the Customer, if any.
4.3. The Consumer subscribing for the Service Subscription as referred to in article 11 or otherwise making use of any of the Services provided by Roetz Life, agrees to the fees and charges, terms of sale, payment and billing policies applicable to the Services as stated in the Terms, Agreement and/or the applicable account registration for these Services. Roetz Life may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. All fees and charges for the Consumer’s use of the Services are non-refundable, except as may be expressly stated in the Terms, Agreement and/or the applicable account registration for these Services. If at any time fees for an existing Service are increased, the Consumer is free to cease the use of the Service by providing notice by e-mail. Continued use of the Service will be treated as the Consumer’s agreement to the new terms.
5. Payment
5.1. The Consumer shall pay all amounts due to Roetz Life directly through the online webshop.. However, if alternative payment arrangements have been agreed upon in the Agreement or additional conditions, the Consumer shall pay all amounts due to Roetz Life within 14 days of the invoice date, unless specifically stated otherwise in the invoice payment term.
5.2. The Consumer shall promptly report inaccuracies on invoices provided to Roetz Life. And any invoices sent by Roetz Life shall not be binding in the sense that, if by mistake invoices mention incorrect amounts, Roetz Life shall be entitled to forward correction invoices.
5.3. Roetz Life is entitled, before (continuing) the performance of the Agreement or Order, to demand from the Consumer that any advance payment of the payable amount is made or that the Consumer otherwise provides proper security. If such security is not provided by the Consumer, Roetz Life shall be entitled to dissolve the Agreement or to suspend further performance of the Agreement, without prejudice to Roetz Life’s right to claim damages in this respect.
5.4. Upon expiration of a payment term, the Consumer will be granted an additional period of 14 days to fulfill its payment obligation towards Roetz Life. The mere expiration of this extended payment term causes the Consumer to be in default by operation of law and without any further notice of default being required. In that case, all claims by Roetz Life against the Consumer, regardless of their grounds or nature, shall be immediately payable. Furthermore, Roetz Life shall in such event be entitled to suspend the performance of the Agreement or Order or dissolve the Agreement entirely or in part.
5.5. In the event the Consumer is in default, the Consumer will owe statutory interest on the amount still due. Furthermore, Roetz Life will be entitled to charge the out-of-court collection costs it has incurred.
5.6. Regardless of any statement expressing otherwise, payments by the Consumer are deemed to have been settled on debts in the following order: interest, (extra-judicial) collection charges, principals payable (the older ones before newer ones).
6. Delivery period
6.1. The delivery period indicated by Roetz Life shall be based on the circumstances applicable to Roetz Life at the time the Agreement is entered into and, to the extent dependent on the performance by third parties, on the information that those third parties provided to Roetz Life.
6.2. The delivery period shall commence on the date of Roetz Life’s written Order confirmation. If, in order to execute the Order, Roetz Life requires information from the Consumer, the delivery period shall commence on the date on which Roetz Life disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
6.3. In case of an overdue delivery period, the Consumer shall be entitled to dissolve the Agreement, but only after having submitted a written request to deliver the Product within a reasonable timeframe or such timeframe as provided by law and Roetz Life was not able to deliver within that extended timeframe. In case the Consumer dissolves the Agreement, Roetz Life shall not be obliged to refund more than the advance payments already made by the Customer, if any. The Consumer shall not be entitled to claim any compensation in the event of an overdue delivery period, unless Roetz Life is required thereto due to a statutory obligation, if any.
6.4. Roetz Life shall at all times be entitled to deliver in part-consignments.
7. Delivery and risk
7.1. If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall take place at Roetz Life premises in Amsterdam and the risk of damage and/or loss of the Products shall in all cases be transferred to the Consumer at the moment the Products are received by the Consumer.
7.2. The Consumer shall provide Roetz Life with all cooperation for proper delivery of the Products.
7.3. The Consumer shall collect the Products ordered at the time and place agreed upon. Should the Consumer fail to do so and after Roetz Life has granted the Consumer a period of 14 days to still fulfill its obligation in this respect, the Consumer shall be in default without requiring a further written notice of default. In such event Roetz Life shall be entitled to store the Products for the Consumer’s account and risk for a 14-day period. After which period Roetz Life is entitled to sell the Products to a third party. The Consumer shall remain liable for the purchase price plus the interest, costs and/or damages (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
8. Retention of title
8.1. Irrespective of the actual delivery date, the title to the Product ordered shall not be transferred to the Consumer until the Consumer has paid Roetz Life the full sum outstanding in respect of the Products, including any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement.
8.2. If the Consumer fails to fulfil its payment obligation towards Roetz Life or Roetz Life has a good reason to assume that the Consumer will fail to fulfil such obligation, Roetz Life will be entitled to take back the Product delivered, but only to the extent Roetz Life has granted the Consumer a period of 14 days to fulfill its payment obligation towards Roetz Life.
8.3. If and as long as the title to the Products has not been transferred to the Consumer, the Consumer shall:
8.3.1. Not be authorized to rent, sell, transfer, let or make the Product available for use to third parties, to pledge them or to otherwise encumber them in favour of third parties.
8.3.2. Inform Roetz Life forthwith in writing in the event that the Products are (threatened to be) seized, attached, or if any other claim is made with regard to the Products.
8.3.3. The Consumer shall inform Roetz Life at Roetz Life’s first request where the Products are located. In the event of personal bankruptcy or guardianship, the Consumer shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of Roetz Life’s rights of title.
9. Inspection and complaints
9.1. The Consumer shall be obliged to carefully inspect the Products immediately upon receipt. Roetz Life must be informed in writing of any complaints in respect of defects to the Products or any discrepancies in specifications, quantity or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice as soon as possible and no later than within 14 days after the receipt of the Products. The Consumer must notify Roetz Life in writing of defects that could not reasonably have been discovered within the abovementioned period immediately after discovery, but in any case no later than within two (2) months of the receipt of the Products.
9.2. The Consumer shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect. If the Consumer fails to comply with this obligation, the Consumer will be liable for any damages resulting from the failure to cease such use. The Consumer shall provide any cooperation Roetz Life may require in order to investigate the complaint.
9.3. The Consumer shall not be entitled to return Products to Roetz Life before Roetz Life has agreed in writing to such return. The costs of the return consignment shall be for the account of Roetz Life, provided the return shipping is within the Netherlands. Parties will agree on the shipment method and who will bear the risk in this respect.
9.4. Provided that a complaint has been made in a timely and correct manner and in accordance with the provisions of this article and it has been sufficiently determined that the Products are defective, Roetz Life may either replace the Products found to be defective with new ones upon their return, or repair the Products properly. Roetz Life shall have the right, in fulfillment of its replacement or repair obligation, to supply other equivalent components, which may, for example, have been obtained from suppliers other than those originally agreed upon. By fulfilling one of the aforementioned options, Roetz Life shall be fully discharged of its obligations in this respect and shall not be obliged to pay any further compensation or damages, other than the costs of return as referred to in the previous paragraph.
10. Return policy and Right of Withdrawal
10.1. If the Consumer has bought a Product via Roetz Life ‘s Online Webshop, the Consumer can make use of its right to withdraw from its online purchase without giving any reason, without extra costs and within 14 days from the day on which the Consumer acquires physical possession thereof (the “Withdrawal”).
10.2. When the Products are delivered in multiple lots or pieces, the period of Withdrawal shall expire after 14 days from the day on which the Consumer acquires the physical possession of the last lot or piece.
10.3. The Consumer cannot exercise a right to withdraw in case of Products [that are either not bought via the Online Webshop or made to the Consumer's specifications and are clearly personalized.
10.4. The Consumer shall send back the Products in the original box or the box provided by Roetz Life or hand them over in person to Roetz Life, without undue delay and in any event no later than 14 days from the day on which the Consumer has communicated its withdrawal from the Agreement or Order to Roetz Life. The deadline is met if the Consumer sent back the Products before the period of 14 days has expired.
10.5. The Consumer shall handle the Products as well as the packaging with the utmost care during the days after delivery and prior to returning the Products to Roetz Life. The Consumer will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning of the Products ,e.g. as installing the pedals and/or adjusting the handlebar and/or adjusting the saddle is likely to create small scratches. In order to establish the nature, characteristics and functioning of the Products, the Consumer should only handle and inspect the Product in the same manner as the Consumer would be allowed to do in a shop.
10.6. In case the Consumer withdraws, Roetz Life can refuse repayment as long as Roetz Life has not timely received the returned goods or until the Consumer has proved the timely return of the Products, depending on which event occurs first.
10.7. Roetz Life shall reimburse the Consumer the purchase amount of the Products returned in accordance with this article excluding any shipping costs no later than 14 days starting from the day Roetz Life received the returned Products. Roetz Life shall not, however, reimburse any supplementary costs, if the Consumer has opted for a type of delivery other than the least expensive type of standard delivery offered by Roetz Life.
10.8. Roetz Life shall use the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly indicated otherwise.
10.9. In order to exercise the right to withdraw, the Consumer can contact Roetz Life by e-mail. Roetz Life will send the Consumer an acknowledgement of the Consumer’s withdrawal.
11. Roetz Life Service Subscription
11.1. Any Consumer – except a Consumer living on the Waddeneilanden – has the possibility to subscribe for the paid Roetz Life Service Subscription, which covers maintenance costs caused by normal wear and tear under normal use after purchasing the E-bike and includes any labor costs, call-out charges (voorrijkosten) and/or Roetz Life parts (the “Service Subscription”). Only in the event the Consumer subscribes for the Service Subscription, this article will apply.
11.2. For the duration of the Service Subscription, Roetz Life will carry out maintenance and repairs on the E-Bike (parts and labor) insofar as such work is required as a result of normal wear and tear under normal, non professional use of the E-Bike (e.g. recreational, commuting). The Services may include but are not limited to; tightening components, lubricating components, the replacement of brakes, brake pads, wheels, handlebars, handlebar controls and buttons, chain, chain guard or kickstand, or a combination thereof.
11.3. The ad-hoc & scheduled maintenance checks from the Service Subscription are available under the following conditions:
11.3.1. Roetz Life will define which maintenance checks are to be performed by Roetz service personnell or which can be conducted by the Consumer themself. In the event of self-maintenance, the Consumer agrees to use original Roetz Life parts. If the Consumer is not able to prove the self-maintenance has been performed or any damage is incurred due to the use of non-approved Roetz Life parts or accessories, Roetz Life reserves the right to invoice the Consumer for the costs incurred by Roetz Life as a result of the incorrect maintenance.
11.3.2. Ad-hoc repairs are subject to fair-use of the E-Bike and can be declined should it become evident that the Consumer is not acting in conformity with the Agreement and/or the use of the E-Bike cannot be considered as Fair-Use. Fair-use of the E-Bike includes, amongst others, the Customer’s performance of maintenance following a notification via email or the Roetz Life user app when available, either by self-maintenance or by scheduling a maintenance appointment with the purpose to avoid unnecessary damage and/or wear and tear of mechanical items (“Fair-Use”). Not considered Fair-Use of the E-Bike is amongst others using the E-bike as a delivery bike, for tests, bike sharing or in a sports event or on unpaved roads, or in similar circumstances which go beyond the normal use of consumer products.
11.4. Maintenance intervals are subject to kilometers ridden on the E-Bike and the Consumer will be informed thereof via email or the Roetz Life user app when available.
11.5. Further to article 11.3.2, Roetz Life may upon prior written notice permanently or temporarily terminate, suspend, or otherwise refuse to permit the Consumer’s access to the Service Subscription, should it become evident that the Consumer is not acting in conformity with the Agreement and/or in case of non Fair-Use. Furthermore, all aspects of the Service Subscription may be subject to change or elimination at Roetz Life’s sole discretion and Roetz Life reserves the right to interrupt the Service Subscription in this respect upon prior written notice of 14 days. The Consumer agrees that Roetz Life will not be liable to the Consumer for any interruption of the Service Subscription, delay or failure to perform in excess to any statutory liability, if any.
11.6. The Service Subscription shall not provide any cover in respect of claims, required repairs or replacements which are caused directly or indirectly by any of the following and it is advisable to take out an additional insurance with a third party in this respect:
11.6.1. Flat tires, damage due to accidents, vandalism, theft, use that cannot be considered as Fair-Use as referred to in article 11.3.2, and/or confiscation by any governmental or other public authority, statutory liability of the Consumer (WA), damage of electrical components, repair or replacement of parts that fall out of the warranty period and/or shipping costs to and from service locations.
11.6.2. A malfunction of any software, application or other material downloaded to the E-Bike from third parties by the Consumer or anyone else using the Consumer’s E-Bike with or without the Consumer’s permission.
11.6.3. The effect of any virus, "back door", "time bomb", "Trojan horse", "drop dead device" or malware on the Consumer’s equipment.
11.6.4. Adjustment to or alteration of the Consumer’s E-Bike without original Roetz Life parts/accessories.
11.6.5. Servicing or repairs by anyone not authorized by Roetz Life.
11.6.6. Costs suffered by the Consumer as a result of not being able to use the E-Bike.
11.7. Roetz Service Personnell reserves the right to define whic parts of the E-Bike need replacing, repair or other maintenance during a check-up.
11.8. Roetz Service Personnell will in principle visit the Consumer’s home address for the purpose of all maintenance and repair work. In case of breakdown en route (pech onderweg), the Consumer must transport the E-Bike to their home address or alternatively the Roetz Life Factory, or remote service network locations at its own expense.
11.9. For the purpose of maintaining the quality and the value of the E-Bike, Roetz Life shall be entitled (but not required) to repair damage to the E-Bike caused by circumstances for which the Consumer is liable. The Consumer (or its insurer, if any) shall pay a remuneration to Roetz Life in this respect in accordance with Roetz Life’s customary rates. Roetz Life will only repair such damage after consultation with the Consumer.
11.10. The Consumer has the right to cancel the subscription of the Service Subscription within a cancellation period of 14 days. To exercise the cancellation right, the Consumer must notify Roetz Life, in writing by e-mail of its wish to cancel the Service Subscription.
11.11. In order to use the Service Subscription, the Consumer will need to establish and maintain a correct member account for the Service Subscription in accordance with the terms and conditions for such account (the “Account”). Roetz Life may accept or reject Account applications at its sole discretion.
11.12. By applying for the Account and with reference to article 20 below-, the Consumer gives Roetz Life permission to disclose (part of) the Consumer’s personal information to third parties for verification and localization purposes .Furthermore, the Consumer is required to provide its email address and mobile phone number to Roetz Life, thereby consenting that Roetz Life uses the email address and phone number to send the Consumer emails and/or messages in relation to the Service Subscription. The Consumer cannot opt out of these emails and/or messages as these are vital for the performance of the Services, unless the Consumer terminates the Service Subscription in accordance with article 11.10 above.
11.13. The Consumer may not use another member's Account, permit anyone else to use the Consumer’s Account, or assign or otherwise transfer their Account to any person or entity.When applying for and creating the Account, the Consumer must provide accurate and complete information, keep such information updated and accurate throughout the term of the Service Subscription and at all times keep the Account password secure. The Consumer must notify Roetz Life immediately of any breach of security or unauthorized use of the Account. Roetz Life will not be liable for any losses caused by any unauthorized use of the Account.
12. Data connection
12.1. The E-Bike provides for a data connection, which data connection makes it possible for Roetz Life to perform the required maintenance and track the location of the E-Bike in the event of theft (the “Data Connection”). If the Data Connection is disconnected, the E-Bike will put itself into an unusable mode within 3 days.
12.2. The Consumer agrees that sensor data needed to monitor the state of health of the E-bike will be collected through the Data Connection and be stored. GPS data will only be collected when the E-bike is reported missing or stolen, or for logistic purposes when maintenance is planned in agreement with the Consumer.
13. Maintenance and updates
13.1. In order to maintain and improve the functionalities and the safety of the Products and the Services, it may be necessary to update or alter from time to time the Products and/or Services, e.g. through software or firmware updates. This could change the use of the functionalities. The updates or alterations can be executed in the following ways:
13.1.1. Uploaded and installed directly to the Product by Roetz Life through the Data Connection in case of important updates.
13.1.2. Installed by Roetz Life or by a Roetz Riders Coach during repairs and/or maintenance checkups, throughout the term of the Service Subscription or otherwise.
13.2. Roetz Life might need to temporarily suspend the Services and/or disconnect the Data Connection, e.g. because safety issues need to be examined and/or system maintenance and/or upgrades need to be performed.
13.3. Roetz Life might need to suspend or discontinue the support of the Consumer’s mobile device’s, e.g. because the Consumer’s mobile device’s software is getting outdated.
13.4. Roetz Life does not accept any liability for the situations described in article 13.1, 13.2 or 13.3 and/or any combination thereof, unless required by law.
13.5. In case the Consumer doesn’t allow downloading and installing the updates described in article 13.1 and/or prevents any of these updates or alterations taking effect, any warranty on the Products or Services will become null and void.
14. Theft
14.1. The Consumer will inform Roetz Life immediately in case of theft, and in any event not later than within seven (7) days of discovery.
14.2. Roetz Life will then make use of the location tracking through the Data Connection and, to the extent any information can be obtained, provide the Consumer with the relevant location details. The Consumer may use these relevant location details for its reporting to the police.
14.3. If still connected, Roetz Life will trigger ‘theft mode’, in order for the E-Bike to enter into an unusable state. If not connected, Roetz Life will ensure the bike not be able to refresh it’s ‘license to operate’ by flagging it as stolen in the Roetz Life data environment.
15. Other obligations and responsibility of the Consumer
15.1. The Consumer shall at all times provide Roetz Life with all information necessary for the execution of Roetz Life’s activities in a timely manner.
15.2. The Consumer shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products or on any documents regarding the Products.
15.3. The Consumer shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product and/orits components.
16. Force majeure
16.1. If Roetz Life is unable to fulfil any of its obligations towards the Consumer due to force majeure, these obligations shall be suspended during the force majeure situation.
16.2. If a force majeure situation has lasted for 30 days, both parties have the right to dissolve the Agreement in writing, either entirely or in part.
16.3. Parties shall notify each other as soon as possible of any (possible) force majeure situation.
17. Warranty and warranty claims Products
17.1. Roetz Life gives the following warranties:
17.1.1. Five (5) years for a frame and front fork of a new E-Bike.
17.1.2. Five (5) years for any construction defects related to a new E-Bike.
17.1.3. Two (2) years for all original components of a new E-Bike.
17.1.4. Two (2) years for the battery or 1000 charge cycles, whichever comes first and only when it falls below the lower bound of 70% of its original total capacity during this warranty period.
17.1.5. All warranties take effect from the date of delivery.
17.2 If, in Roetz Life’s opinion, the Consumer has been able to prove that any Products supplied by Roetz Life to the Consumer do not function properly, Roetz Life may choose, at its sole discretion, between:
17.2.1 Re-supplying the Products upon the return of the Products.
17.2.2 Modifying the Products properly.
17.2.3 Granting the Consumer a discount on the purchase price to be agreed by mutual consent.
17.3 Roetz Life shall be fully discharged of its warranty obligations by complying with one of the options described in the previous paragraph, and it shall not be held to pay any further compensation or damages, unless required due to any statutory liability, if any.
17.4 Notwithstanding applicable statutory rights, a repair or replacement under a warranty does not extend the warranty period. This warranty applies to the Product(s) and is transferable for the remaining period if a third party purchases the E-Bike from the Consumer.
17.5 Claims under the warranty must be made directly to Roetz Life in writing by e-mail, whereby proof of purchase and an explanation in respect of the invoked warranty (substantiated with photos) is required.
17.6 This warranty does not cover normal wear and tear (including but not limited to normal wear and tear of the coating or stickers/transfers), damage following improper assembly of the Product or unauthorized installation of parts or accessories by or on behalf of Customer, or follow-up maintenance resulting from incorrectly replacing parts by or on behalf of Customer and damage to wearable parts such as tires, brake pads, handlebar grips and saddle. The warranty does not apply to damage or failure due to accident, misuse, abuse, neglect, failing to download and install mobile device application updates, or failing to follow instructions. Any unauthorized modification of the frame or components shall make these warranties null and void. The warranty shall not apply in case of a modification, reverse engineering, decompiling, disassembly of or otherwise tampering with the Product(s), its components and/or the Services, or in case of use of the Products which is not Fair-Use. Roetz Life is not responsible for any incidental or consequential damages. This warranty does not affect any statutory rights of the Consumer.
17.7 This warranty does not cover maintenance. However, Roetz Life guarantees the availability of parts and/or modules for at least the period required by law.
17.8 Roetz Life warrants only those features and qualities of its Products that are explicitly agreed in writing. All other specific,implied or other warranties are - to extent allowed under applicable mandatory law - hereby expressly excluded.
17.9 If Roetz Life should deliver Products (not being the E-Bike) to the Consumer which Roetz Life has obtained from its own suppliers, the warranty terms and conditions as included in article 17 shall remain applicable.
17.10 If the Products must be returned to Roetz Life, in order to carry out any repairs to the Products. The costs of the return consignment shall be for the account of Roetz Life, provided the return shipping is within the Netherlands. Parties will then agree on the shipment method and who will bear the risk in this respect.
18. Liability
18.1. Any liability of Roetz Life shall at all times be limited to the fee that was invoiced by Roetz Life and paid by the Consumer in connection with the delivery at hand during a twelve-month period directly preceding the date on which the event leading to liability occurred.
18.2. Any Consumer’s claim for damages must be brought by the Consumer within one (1) year of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim.
19. Termination
19.1. Without prejudice to any rights or remedies Roetz Life may have under the Terms and/or Agreement and/or at law, Roetz Life may, by written notice to the Consumer, suspend or terminate with immediate effect the Agreement or any part thereof, if:
19.1.1. the Consumer violates or breaches any of the material provisions of the Agreement; and/or
19.1.2. any proceedings in respect of personal bankruptcy or guardianship of the Consumer started or if the Consumer is aware that any of these situations may occur, in which event the Consumer must notify Roetz Life thereof as soon as possible.
19.2. Upon occurrence of any of the events referred to above, all payments to be made by the Consumer under the Agreement shall become immediately due and payable.
19.3. In the event of termination or expiration of the Agreement, the terms and conditions destined to survive, shall survive.
20. Personal Data
20.1. Roetz Life processes and stores the Consumer’s personal data in accordance with the Privacy Policy of Roetz Life as amended from time to time. The policy is located at: https://www.roetz.life/privacy
20.2. Roetz Life may do so in the performance of the Agreement and the Terms and/or for the purposes of (amongst others) the rendering and improvement of the Services, the maintenance of the Products and improving product design of Roetz Life’s Products.
21. Intellectual Property
21.1. All copyright and other intellectual property rights relating to the Products, the Services, any accompanying documentation or any other materials provided by Roetz Life shall at all times remain the property of Roetz Life (or its supplier, if any).
21.2. The Consumer is not entitled to change, alter or remove any logos, drawings, designs or other identifying marks on and of Products. All logos, drawings, designs and other designations on and of Products, as well as references to them on the Internet shall remain, insofar as they are the subject of any right of intellectual and/or industrial property, the property of Roetz Life (or its supplier, if any) and the Customer is not allowed to copy or imitate these.
22. Repurchase by Roetz Life
22.1. The Consumer can at any time after the conclusion of the Agreement make use of a repurchase scheme, arranging for the repurchase of the Consumer’s E-Bike by Roetz Life. The offer of Roetz Life in respect of the repurchase shall be based on the actual terms and conditions as included in the repurchase scheme as in effect from time to time.
22.2. If the Consumer wishes to receive a repurchase offer, the Consumer must provide Roetz Life with such written request by e-mail.
22.3. The valid repurchasing scheme will be available at: https://roetz.life/buyback
23. Transfer of rights and obligations
23.1. Roetz Life is allowed to transfer to third parties the rights and obligations described in the Agreement, giving Customer prior written notice. The Consumer shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Roetz Life shall not be liable for any damages, unless required due to any statutory liability, if any.
23.2. The Consumer cannot transfer to third parties any rights or obligations from the Agreement, unless with the prior written consent of Roetz Life.
24. Comprehensive Agreement
24.1. The Agreement, including the Terms, is a comprehensive reflection of the rights and obligations of the parties and shall replace all prior written and verbal arrangements, statements, expressions or acts by the parties.
25. Conversion
25.1. In the event that any provision(s) of the Terms and/or Agreement shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions thereof. In the event that any provision of the Terms and/or Agreement shall finally be determined to be unlawful or unenforceable, such provision shall be deemed severed from the Terms and/or Agreement, but every other provision shall remain in full force and effect, and in substitution for any such provision held unlawful or unenforceable, there shall be substituted a provision of similar import reflecting the original intent of the clause to the extent permissible under applicable law.
25.2. If any term or provision of the Agreement, including in the Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Agreement or the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
26. Amendment of terms
26.1. The terms may be amended by Roetz Life by mere notification to the Consumer, in which case the Consumer has the right to dissolve the Agreement in writing entirely or in part. However, in the absence of any dissolvement within 30 days after notification, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are carried out after the day of notification. The present Terms and can be found at: https://shop.roetz.life/terms
26.2. If an amendment or adjustment as referred to in the previous article is agreed, such amendment or adjustment shall only apply to the Agreement concerned, unless expressly stated otherwise.
27. Applicable law, competent court
27.1. The laws of the Netherlands shall be applicable to the Terms and to all other Agreements. The applicability of the Vienna Convention on the Sale of goods is excluded.
Any disputes arising from the Agreement or the Terms shall be brought exclusively before the competent court in the Amsterdam or the place of residence of the Consumer.