termeni si conditii
1. Scope of ApplicationThese general terms and conditions apply to all orders through the ROSE online shop.
2. ContractorThe 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 08.00 am to 06:30 pm and on Saturdays 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)
3. Conclusion of ContractThe 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.
4. Wording of ContractWe 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 ContractFor all orders from Germany the language of contract is German. When ordering from abroad, you can choose between German, English, Dutch, French and Italian as the language of contract.
6. Right of Cancellation6.1
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 –
Tel.: +49 28 71 - 27 55 - 55
Fax: +49 28 71 - 27 55 - 50
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
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 Costs7.1 Prices
All prices are stated in euros and include the statutory value added tax for the country of delivery you have chosen:
Germany: standard MwSt. 19% // reduced MwSt. 7% (Tax number: VAT ID no.: DE 811 440 544)
Austria: MwSt. 20% (VAT ID no.: AT 406/0270)
7.2 Shipping costs
a. Prices shown on our website do not include shipping. For more information on delivery charges see www.rosebikes.com/shipping elivery 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.
b. Customs Costs for Deliveries to Switzerland/Liechtenstein
For deliveries to Switzerland/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. This is how the invoice amount is calculated: Firstly, we deduct the German VAT included in the retail prices (currently 19% or 7%). Afterwards, we add the Swiss VAT (currently 7,7%) plus 1,3% customs costs as well as the shipping costs. You only pay the amount invoiced, the post office will not make any additional financial claims against you!
d. 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.
e. Special Requirements for Bike Transport
E-bikes and pedelecs are not shipped to all countries. Please inquire when placing your order.
8. Delivery8.1. 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.
9. Payment OptionsWe accept the following payment options:
Cash on Delivery:
You pay the amount due to the postman. Please note that you have to pay a charge of currently € 5,60 (cash on delivery fee) in case of payment by cash on delivery. A delivery by cash on delivery is only possible within Germany.
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 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.
Make simple, secure and convenient payments using SOFORT Überweisung. This is a direct bank transfer procedure that allows you to prepare a bank transfer during your ordering process and carry out the transaction in real time. For this, you only need your online banking data. At the end of the ordering process, you will be transferred automatically. Afterwards, your order is successfully completed. (Possible in the following countries: DE, BE, IT, NL, SK, AT, ES.)
Comfortably transfer the total amount after receipt of delivery. Payment by invoice is only allowed for shipments within Germany. Only private customers, no companies or institutions, are allowed to pay by invoice.
Please give your IBAN number, the account holder’s name and the name of the bank when placing your order. Payments by Direct Debit can only be made within Germany. Only private customers, no companies or institutions, are allowed to pay by Direct Debit. The direct debit will be taken approx. 14 days after delivery.
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):
IBAN: DE 02 4285 0035 0000 1352 51
Iban: NL88RABO 0300 2505 25
10. Reservation of OwnershipThe goods will remain our property until all payment obligations are met.
11. Warranty and Guarantees11.1
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 we can check whether the legal requirements for a warranty claim are met.
Besides, we provide additional guarantees for certain products. These guarantees are in addition to your statutory rights towards us as your contracting partner in the event of a defect. Second hand goods carry a warranty of 1 year from the date of purchase, all other goods carry a warranty for a period of 2 years, including repairs.
a. ROSE Guarantee for ROSE Bikes and ROSE Forks
Your ROSE bike comes with a comprehensive guarantee package. You have a 2 year guarantee on all components and within 10 years, we shall repair every broken spoke of ROSE and Xtreme wheels or wheels we built according to your specifications (no system wheels) under guarantee. Within 6 years of purchase, we shall replace every broken ROSE frame and every broken ROSE fork. This guarantee does, however, not cover any damages to the paintwork or anodization, discolouration (e.g. discolouration caused by UV radiation) as well as damages to the bearings of full-suspension bikes and at the derailleur hangers. Other bearings that are not part of the frame (such as bottom brackets and headsets) are also excluded. This guarantee only applies to the first owner. Products will be repaired or reimbursed on justified claims made during the guarantee period. All further claims are excluded. In case of a replacement, we will offer you a similar ROSE replacement frame or ROSE replacement fork, if no identic ROSE frame/ROSE fork is available. In this case, you have no right to receive an original frame or to get a replacement for non-compatible components. This guarantee does not cover any damages caused by normal wear, misuse, accidents or improper installation. Besides, this guarantee does not cover any damages occurred due to the fact that the bike or fork was not serviced or cleaned according to our recommendations stated in the included “Servicing Plan” (see Chapter 8 of the manual). Please keep your invoice, as this is your proof of guarantee and the date of purchase marks the beginning of the guarantee period. We will of course pay the shipping and assembly costs for justified guarantee claims.
b. Replacement Guarantee for ROSE Frames, ROSE Forks and selected ROSE wheels
If your ROSE frame, your ROSE fork or a ROSE wheel that our ROSE Crash Replacement programme applies to, is damaged or broken due to an accident or fall within six years from the date of purchase, we will offer you the same or a similar ROSE frame, ROSE fork or ROSE wheel from our current range for 50% of the sales price. Within Germany, we will pick up your ROSE frame, ROSE fork, ROSE bike or ROSE wheel at your address for free and will send the ROSE bike, ROSE fork or ROSE frame or ROSE wheel back without charging you for the shipment, too. If you are living outside Germany, we will only charge you for the shipping costs. On request, we will also mount the new ROSE frame for a charge of € 100. This guarantee only covers damages that are not subject to additional insurance. In case of a replacement, we will offer you a similar ROSE replacement frame, fork or wheel if no identic is available. In this case, you have no right to receive an original frame or to get a replacement for non-compatible components. The ownership of replaced, defective components – especially of frames, forks and wheels – will be transferred to ROSE Bikes GmbH once the Crash Replacement order is in processing. Replaced components, frames, forks and wheels are disposed of properly at our own expense.
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. A pre-paid returns label is enclosed in all our parcels that are shipped to Germany, Switzerland and Liechtenstein. For all other countries listed below you are also able to print pre-paid returns labels by clicking on the respective link (the returns labels are not suitable for bikes, see section Transport Damages/Claims). 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.
Please select your country to request your returns label:
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.
13. Transport Damages/Claims
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 on +49 (0)28 71-27 55 14 for bike returns to coordinate the processing.
14. Applicable Law/Jurisdiction14.1
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).
If the customer is a company, any legal case arising from this contract shall be heard in Düsseldorf.
15. LinksAs far as this website contains external links (hyperlinks) to websites operated by third parties, the respective operator is always responsible for the contents of the linked websites. ROSE Bikes checked the linked sites for possible violations of law at the time of linking. Nevertheless, ROSE Bikes has no influence on the contents of those sites so that ROSE Bikes takes no responsibility for the contents of the linked websites. Moreover, ROSE Bikes regularly controls the linked pages and shall immediately remove the respective link upon notification of any violation.
17. General Conditions of Use “My Bike”, Review Function and Comments Function on rosebikes.com17.1
This platform is designed for the exchange between and communication among cyclists. This is why we expect all users to always be respectful.
All contributions are published under the name of the user or under the nickname selected as well as with the profile picture of the user..
Please do not post any contents or take any actions which violate the rights of another person or the laws.
When posting images, videos or information that show or quote third persons, the user must seek permission from the third person(s). It should also be clarified that you as a user will publish this information and not ROSE and the third person should also be informed about which information is published and in which form it is to be published.
Identity papers and other sensitive data must not be published.
In case of an infringement of these conditions, we reserve the right to remove corresponding contributions and to block the user’s future access and use of “My Bike”.
ROSE Bikes GmbH
DE 26905420, NL WEEENL0592, BE 454237, DK DE811440544, FR M2976, GB WEE/BU3548YD, AT GLN 9008391794660, SE 556552-7487