1. Introduction

1.1. Welcome to Respled Welcome to Respled, your preferred platform for eco-friendly urban mobility solutions. These Terms of Service, which we will refer to as the 'Terms,' outline the terms and conditions under which you can access and utilize (i) our website (www.respled.com) (the 'Site') as a visitor, (ii) our mobile applications available on platforms like our iOS mobile application (the 'App'), and (iii) embark on your journey as a Respled rider ('Respled Rider') to enjoy our eBikes (the 'eBikes').

1.2. Acceptance of Terms By continuing to browse the Site, or accessing our service, Respled eBikes, or becoming Respled Rider and any of the Respled services, you are agreeing to be bound by the General Terms and Conditions outlined in the Respled website Respled.com (herein referred to as “Respled”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Please take a moment to carefully review these Terms before you start exploring our Site, sign up to become a Respled rider, or utilize our mobile applications.

1.3. Disagreement with Terms If you find yourself in disagreement with any aspect of these Terms, we kindly ask you to discontinue using the Site or mobile applications and refrain from signing up for Respled services.

1.4. Privacy Policy We recommend that you also review our Privacy Policy, which provides insights into how we collect, process, and safeguard your personal information.

2. About Respled

2.1. Corporate Information Respled is a registered company in the United Kingdom, bearing Company Registration Number 15083356, with a VAT number of 448887231. The Site is owned and operated by Respled Ltd.

2.2. Contact Us Should you have any questions regarding these Terms, feel free to reach out to us via email at join@respled.com.

3. User Age Requirements

3.1. Eligibility Our Services are designed for individuals aged eighteen (18) years and above. By utilizing our Services, you affirm and warrant that:

• You are at least eighteen (18) years of age or older.

• All information you provide to us is truthful, accurate, up-to-date, and complete.

4. Changes to These Terms

We retain the right to modify these Terms as needed. The most current version governing your use of the Site and our Services will always be accessible here. If you are a Respled Rider, we will provide you with at least thirty (30) days' notice of any changes to these Terms. If you disagree with the modifications, you may cancel your Respled membership by providing us with a thirty (30) days' notice.

5. Respled Riders

5.1. Becoming a Respled Rider

You become a Respled Rider upon completing the signup process on our platform and accepting these Terms. By accepting these Terms during the signup process, you are bound by the following provisions.

5.2. Equipment Rental

5.2.1. Provided Equipment Respled shall provide you with a state-of-the-art eBike, produced and branded by Respled Ltd and its associated lock as part of your Respled membership. You are expected to use this Equipment in compliance with these Terms.

5.2.2. Key Management Your Equipment includes one key for your lock, which you must keep secure. A spare key is retained by Respled. In case of a lost, damaged, or stolen key, you can request a replacement, and the associated cost will be communicated by Respled. Any misplaced or stolen keys found afterward or damaged keys must be returned to Respled.

5.2.3 The Rental Protection Plan limits your financial liability in the event of damage or theft of the equipment. This plan is not insurance; rather, it reduces your financial responsibility by ensuring you are not liable for the full replacement value of damaged or stolen equipment. Should an incident occur, you will be responsible for covering 12% of the replacement cost which is £400 excluding batteries cost.

Please note, this plan applies only if proper procedures are followed, such as securing the equipment with both locks provided. Failure to do so may result in full liability for the equipment’s replacement cost. The customer agrees to make all reasonable efforts to safeguard the equipment from loss, theft, or damage throughout the rental period.

5.3. Membership Period

5.3.1. Commencement and Terms The usage period for the Equipment starts on the day you receive it. It continues for either (i) a monthly term selected during reservation, or (ii) on a 3-month contract. Any reference to the 'Membership Period' in these Terms pertains to either a weekly Plan or monthly Plan as applicable, extending until your membership is terminated, as detailed below.

5.3.2. Transition from  Plan If you select a 3-month contract Plan exceeding the seven (7) days, your membership will automatically continue the 3-month Plan upon the contract's completion, except if you change to monthly (30) days.

5.3.4. Cancellation of  Plan Opting to cancel a Fixed Plan before its completion does not entitle you to a refund for unused days.

5.3.5. Identification Requirements You may need to provide valid identification and proof of address before your Membership Period begins. This requirement will be communicated during the signup process.

5.4. Membership Fees

5.4.1. Cost of Membership The cost of your membership is as stated when you sign up on our platform ('Membership Fee').

5.4.2. Payment Schedule The first Membership Fee will be collected either (i) when you commence your membership on the platform or (ii) on the day before you receive the Equipment. Subsequent payments will be made on the same day each following month until your membership ends as per these Terms.

5.4.3. Pricing Error In the event of a pricing error, we will not be obliged to honor the incorrect Membership Fee or prices displayed on the platform. We will notify you before giving the Equipment or any other items.

5.5. Payment Method

5.5.1. Payment Method Membership Fees, charges for Equipment loss or damage, and payments for other items purchased via the platform will be billed using the credit or debit card details you provide to Respled. Cash payments are not accepted.

5.5.2. Payment Responsibility During the Membership Period, you agree not to cancel or hinder payments from your payment method without first notifying Respled and providing an alternative payment method for collecting Membership Fees and Damage Fees.

5.6. Payment Agreement

5.6.1. Authorization You authorize Respled to collect all due Membership Fees and applicable Damage Fees, from the payment method you've provided.

5.6.2. Recurring Payments You understand that your Membership involves recurring payments, and you are responsible for ensuring these payments.

5.6.3. Modification of Fees Respled reserves the right to modify Membership Fees and Damage Fees, with a thirty (30) days notice. If you disagree with the changes, you have the option to terminate these Terms.

5.6.4. Liability for Outstanding Payments You remain liable for all amounts due under these Terms. In case of payment failure for any reason, including the expiry of your payment method or insufficient funds, Respled may arrange Equipment collection and immediately terminate your Membership. Outstanding payments will remain your responsibility. Your payment details are securely stored by a third-party payment provider for recurring payments.

You must pay all sums that you owe to Respled under this Agreement without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.

5.6.4.1 Late, Missed or Overdue Payments In the event that a payment is not successfully processed (for example, due to insufficient funds in the designated account), a late payment fee of £1 will be charged. This fee will be applied each time a payment attempt is made and subsequently rejected by the financial institution.  Respled will subsequently attempt to charge you for four (4) consecutive days. After six (6) days, if circumstances have still not changed, Respled will recover the Bike from you.

5.6.4.2 Respled may refer the matter to a debt collection agency or solicitor to recover any outstanding fees and, if necessary, repossess the e-bike. In such cases, you will be responsible for covering all related costs, including debt collection fees (such as commissions), costs associated with reclaiming the e-bike, and solicitor fees on a full indemnity basis.

5.7. Pick up

5.7.1. Equipment Pick up Equipment will be picked up by  in-person collection from our designated address within Respled's operational areas, with the location communicated during the signup process. Pick up includes a reserved Day, and Respled will make reasonable efforts to adhere to this day, it's guaranteed.

5.7.2. Delivery Requirements If you choose delivery, you must be present during the delivery. For both delivery and in-person collection, you'll need to provide identification (passport or driving license only) and a recent utility bill, phone bill, or bank statement from the last three months for verification.

5.7.3. Delivery Costs Delivery costs will be outlined to you. Failure to be available during the Delivery Window without providing 12 hours' notice incurs additional charges, as indicated on the platform.

5.7.4. Payment of Membership Fees and Delivery Fees Equipment will be delivered only if payment of all Membership Fees and Delivery Fees has been made.

5.7.5. Non-Payment and Order Cancellation Failure of the first Membership Fee payment may result in the order's cancellation and a refund of the delivery fee.

5.7.6. Extended Non-Payment If the first Membership Fee payment isn't made within 14 days, Respled reserves the right to cancel the order and refund the delivery fee.

5.7.7. Unused Days Failing to collect the Equipment during the designated window means your Membership Period begins as scheduled, with no refunds for unused days.

5.8. Title and Risk

5.8.1. Equipment Ownership The Equipment remains the property of Respled Ltd at all times. You have no right, title, or interest in the Equipment, except for the right to possess and use it during the Membership Period, subject to compliance with these Terms.

5.8.2. Risk Responsibility Risk of loss, theft, damage, or destruction of the Equipment passes to you upon taking possession. The Equipment remains at your sole risk during the Membership Period and any subsequent period after your Membership expires, during which the Equipment is in your possession. You are responsible for Equipment care and maintenance.

5.8.2.1. In the event of injury while using our e-bike, you assume full responsibility, and Respled will not be liable for any related costs. We strongly advise you to ride safely and responsibly at all times.

5.8.3. Reporting Loss or Damage Promptly notify Respled of any loss, accident, or damage to the Equipment occurring during your possession or use. In case of theft, notify the police, and Respled will make reasonable efforts to replace your Equipment within 14 days from receiving notification, a crime reference number, and payment from you. Note that Respled provides a single replacement eBicycle in such cases.

5.9. Your Responsibilities As A Respled Rider

5.9.1. Equipment Care and Use During the Membership Period and Risk Period, you shall:

• Ensure that you have possession or control of the Equipment at all times and keep the eBike locked and secure when not being ridden. This includes parking your eBike legally and securely, using the lock provided by Respled, making sure the lock is secure.

• Maintain the Equipment in good repair, keeping it in as good an operating condition as it was on the day it was delivered to you, except for fair wear and tear. You should replace worn, damaged, and lost parts with Respled approved parts at your expense.

• Not make alterations to the Equipment or remove any existing component(s) or markings without prior written consent from Respled.

• Not part with control or possession of the Equipment, sell, offer for sale, underlet, or lend the Equipment without prior written consent from Respled.

• Avoid any actions that may jeopardize Respled's right, title, and interest in the Equipment or bring Respled into disrepute.

• Prevent the Equipment from being confiscated, seized, or taken out of your possession or control under any legal process. If the Equipment is taken in such a manner, you should notify Respled immediately and make every effort at your own cost to secure its release.

• Use the Equipment only for lawful purposes.

• Abide by the Highway Code, including observing all traffic signs and signals.

• Use the Equipment reasonably, considerately, and responsibly.

• Keep the Equipment identifiable as Respled's property and, when possible, ensure Respled's notice of ownership is attached to the Equipment.

• Return the Equipment at the end of the Membership Period or upon termination of these Terms, allowing Respled or its representatives access to any premises where the Equipment is located for removal.

• Avoid actions that could invalidate any insurances that Respled may have in place.

• Not carry or tow any load over 15kg while using the Equipment.

5.9.2. Liability You acknowledge that Respled shall not be responsible for any loss or damage to the Equipment resulting from your negligence, misuse, mishandling of the Equipment, or actions by third parties. You agree to indemnify and hold Respled harmless against any losses, liabilities, claims, damages, costs, or expenses arising from your failure to comply with these Terms.

5.9.3. Contact Information You agree to notify Respled immediately of any changes to your personal details, including your name, address, contact number, and payment details.

5.9.4. Communication You must be available and responsive when Respled contacts you unless you have an emergency issue. Failure to do so may be considered a breach of communication, which could result in the termination of your service.

5.9.5. Return of the bike If you fail to return the e-bike by the Expiry Date (unless the designated Respled location is closed that day), the following will apply: 

• You will be required to pay Respled either:

(i) weekly fees for each month between the Expiry Date and the date the e-bike is returned,

(ii) 3-month contract fees will apply if you opt to pay monthly, for each month between the Expiry Date and the date the e-bike is returned. No refunds will be issued for any of these payments.;.

• After providing you with written notice, and if the e-bike’s location is unknown, Respled reserves the right to report the e-bike as stolen to the authorities.

• You will be liable to reimburse Respled for any reasonable expenses incurred in recovering the e-bike. 

• You irrevocably grant Respled, its related entities, employees, contractors, and agents the right to take possession of the e-bike without prior notice or demand, wherever it may be located. If allowed by applicable law, this repossession may occur without the need for a court order or other legal process, and you waive any and all claims for damages resulting from Respled, or its representatives, taking possession of the e-bike, including any claims of trespassing.

5.10. Respled's Obligations To You As A Respled Rider

5.10.1. Equipment Warranty Respled warrants that the Equipment shall substantially conform to its specification, be of satisfactory quality, and fit for any purpose held out by Respled at the time of delivery. Respled will make reasonable efforts to remedy any material defect in the Equipment within one (1) month from Delivery, provided certain conditions are met.

5.10.2. Component Warranty In cases where the Equipment comprises or contains components not manufactured by Respled, you are entitled to the warranty or benefit received by Respled from the manufacturer.

5.10.3. Replacement in Case of Theft If the eBicycle is stolen, through no fault of yours and is secured using the lock, Respled may make reasonable efforts to deliver a replacement to you, provided it is the first such theft of your Bicycle.

5.11. Servicing And Maintenance

5.11.1. Repair Timelines If your Equipment becomes faulty, Respled will make reasonable efforts to repair the fault within seven (7) days after you have notified Respled in writing

5.11.2. Repairs shall be conducted at a location mutually agreed upon by the Respled rider and Respled, within the designated Respled service area where the Equipment was initially delivered. If it is not feasible to perform the repairs at the agreed-upon location, you have to return the ebike

5.11.3. In instances where Respled is unable to repair the eBike, a replacement eBike will be provided.

5.11.4. If Respled does not complete the eBike repair within the specified timeframe, the Respled rider will be entitled to a refund of £1 for each day they were unable to use the eBike, excluding the initial seven (7) days after notifying Respled.

5.11.5. In cases where a service appointment has been scheduled but the Respled rider is unavailable at the agreed-upon time, they may incur a non-show fee of £5.

5.12. Liability

5.12.1. Respled assumes responsibility for losses or damages that are foreseeable and occur as a direct result of Respled's breach of these Terms or due to Respled's negligence, but is not liable for losses or damages that were not reasonably foreseeable.

5.12.4. These Terms delineate the extent of Respled's responsibilities and liabilities concerning the Equipment. There are no other conditions, warranties, or terms, whether express or implied, that are binding on Respled, except as expressly specified in these Terms.

5.12.5. Neither party shall be held liable under these Terms for loss of profit, loss of contracts, loss of business opportunities, damage to reputation, or for indirect or consequential losses or damages, regardless of the cause, even if such losses were foreseeable.

5.13. Loss and Damage Fees

5.13.1. In the event that the Respled rider causes any loss or damage to the Equipment, Respled reserves the right to impose damage Fees above fair wear and tear during the Term of this Agreement This responsibility extends to the theft of the Bike or any of its parts. For the purposes of this Agreement, fair wear and tear is to be determined by Respled.

5.13.2. The specific amount of Damage Fees can be found on the Respled website, along with details of damages that may result in charges upon termination.

5.13.3. Damages that may give rise to Damage Fees include, but are not limited to:

5.13.3.1. Dents on the frame. 5.13.3.2. Scratches exposing the bare frame or scratches exceeding three centimeters (3cm) in length. 5.13.3.3. Bent wheels or missing spokes. 5.13.3.4. Broken or missing mudguards. 5.13.3.5. Damage to the gearing systems. 5.13.3.6. Damage to the battery or motor. 5.13.3.7. Broken or missing lights. 5.13.3.8. Torn or missing saddle and/or seatpost. Here is more information about damage and theft fees;

5.13.3.9 Battery Loss will cost you £200 per battery, so we recommend you to remove the batteries whenever you are leaving the bike unattended.

5.13.3 Resbikes is equipped with a GPS tracker, ensuring swift bike recovery and eliminating theft fees entirely if the bike is promptly located. We strongly encourage users to secure their bikes with our triple locker system, reducing the chances of theft to zero. Your peace of mind is our priority.

5.13.4 The specific amount of Damage Fees will be determined based on the severity of the damage and communicated by Respled within seven (7) days of the Equipment being returned. Standard services are offered at no charge during the Term. However, if Respled or its representative identifies any damage needing repair (excluding normal wear and tear), such as a depleted battery, flat or punctured tire, lost lock keys, or any other accidental damage, you will be responsible for covering the cost of these repairs.

5.13.5. The Respled rider acknowledges and agrees that the established Damage Fees are fair, reasonable, and proportionate. Damage Fees will be deducted within twenty-four (24) hours of receiving notification of such charges.

5.13.6. If the Bike is lost, stolen or damaged beyond repair you will be liable to pay Respled Ltd £1100, being the replacement value of the Bike, plus any additional costs incurred by Respled incidental to the loss or theft of the Bike ("Loss or Theft Costs"). Such amounts payable are fair and reasonable and constitute a genuine pre-estimate of the losses suffered by Respled in the event of the loss or theft of the Bike. You agree to pay such an amount immediately on demand by Respled.  

5.13.6.1 In the event of theft of the Bike, you agree to:

•  Create a police report and provide details to Respled as soon as reasonably practicable after the eBike has been stolen; 

• Return all the accessories (battery, charger, locker, keys, etc) which have not been stolen and are in your possession to the nearest Respled location as soon as reasonably practicable after the eBike has been stolen;

• Provide such reasonable evidence that you locked the eBike correctly by speaking with our Respled staff at the nearest Respled location.

5.14. Distance Selling – Cancellation and Refunds

5.14.1. This clause is applicable if you are a consumer and make a purchase under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.

5.14.2. Information regarding the Goods is provided in Respled's marketing materials and not within these Terms.

5.14.3. Guidelines for canceling your order are as follows:

5.14.3.1. If you have placed an order for Goods but have not yet received them, you have the right to cancel your order within fourteen (14) days of placing the order, without the need to provide a reason.

5.14.3.2. If you have placed an order for Goods and have received them, you may cancel your order within fourteen (14) days of receiving the Goods.

5.14.3.3. Refunds will be issued upon receiving the Goods in a condition suitable for resale at the full price, with all labels and packaging intact.

5.14.3.4. The cost of returning the Goods shall be the responsibility of the Respled rider.

5.14.3.5. Refunds will be provided within fourteen (14) days.

5.14.3.6. It is the Respled rider's responsibility to inspect the Goods immediately upon receipt. Failure to report defects or issues within fourteen (14) days will be construed as acceptance of the Goods.

5.14.3.7. Procedures for returning faulty Goods are outlined in Respled's Returns Policy.

5.15. Cancellation And Termination

5.15.1. Either the Respled rider or Respled can terminate these Terms anytime based on their plans and return to the designated station.

5.15.2. Respled may terminate these Terms with immediate effect by giving you notice if:

5.15.2.1. You commit a material breach of any of these Terms that is either not rectifiable or, if rectifiable, you fail to remedy it within fifteen (15) days after being notified.

5.15.2.2. Respled determines that you are unable to meet your financial obligations or have no reasonable prospect of doing so, within the meaning of section 268 of the Insolvency Act 1986.

5.15.2.3. You become the subject of a bankruptcy petition or order.

5.15.3. In the event of termination by either party, Respled will issue a termination notice that specifies the Notice Period and the final payment amount due. Respled

5.16. Consequences Of Termination

5.16.1. Upon termination of these Terms:

5.16.1.1. Respled's permission for you to possess the Equipment ceases, and Respled may reclaim the Equipment without prior notice and at your expense.

5.16.1.2. You shall promptly settle any costs and expenses incurred by Respled in recovering the Equipment and collecting any outstanding sums under these Terms.

5.16.1.3. Termination of these Terms does not affect any rights, remedies, obligations, or liabilities that have arisen up to the date of termination or expiration.

5.17 Collection

5.17.1. Equipment collection will take place at a location specified by Respled within the designated Respled service area where the Equipment was originally picked up. Respled will provide you with a Collection Day, and it will make reasonable efforts to collect the Equipment at the designated location by the specified date.

5.17.2. During the collection process, either you or an authorized representative must be present.

5.17.3. The cost of collection is outlined on the Respled website. Unavailability for collection may result in additional charges for subsequent collection attempts, as indicated on the website. In-person returns may be available periodically and will be communicated in the cancellation process on the website.

These terms and conditions comprehensively outline the responsibilities, obligations, and liabilities of both Respled and the rider. Riders are strongly advised to carefully read and understand these terms before utilizing Respled's services and equipment.

5.18 Notice

5.18.1. When a notice must be provided in writing by Respled to you or you to Respled, it may be provided by letter, email or via whatsapp. 

5.18.2. We may send notices to you at your last known home or email address, telephone number or other contact details. 

5.18.3. You must send notices by email to our customer service team using the address stated on our website or app. 

5.18.4. Unless specifically stated otherwise in this Agreement, any notice given by Respled to you or you to Respled will be deemed given and received if: 

5.18.4.1.  delivered by hand to your last known home or work address, at the time of delivery; 

5.18.4.2.  sent by first class post on a Business Day, the next Business Day or second Business Day after posting if not sent on a Business Day; 

5.18.4.3. sent by email or via the app on a Business Day before 4pm, one hour after sending; and

5.18.4.4.  sent by email at any other time, 9:00 am on the next Business Day.  

6. General Matters

6.1. Our primary mode of communication with you is via email or phone. You acknowledge that email communications are legally binding, akin to signed and dated paper documents sent via postal mail.

6.2. If we provide goods or services to you without a specific charge, they are considered to be offered free of charge and are not associated with any other goods or services for which a fee is charged. Consequently, we have no contractual obligations or other responsibilities regarding those free goods or services.

6.3. If any term or provision of these Terms is determined to be void, invalid, or unenforceable by any jurisdiction, it will be adjusted or reduced to the minimum extent required to render it valid and enforceable under the laws of that jurisdiction. Such modification will not impact the validity and enforceability of any other terms, which shall remain in effect.

6.4. The rights and obligations outlined in these Terms are transferable to any permitted successor in title.

6.5. The failure or delay of any party in exercising any right, power, or remedy does not constitute a waiver of that right and does not indicate an intention to relinquish that or any other right in the future.

6.6. Any communication to be delivered to either party by the other may be sent by hand, first-class post, recorded delivery, or email. Delivery is deemed to occur as follows:

6.7. If delivered by hand: on the day of delivery. 6.7.1.2. If sent by post to the correct address: within seventy-two (72) hours of posting. 6.7.1.3. If sent by email: within twenty-four (24) hours, provided that the sender has not received notice of non-receipt.

6.8. These Terms do not confer any rights upon a third party under the Contracts (Rights of Third Parties) Act 1999 or any other legislation.

6.9. Neither you nor we shall be held liable for any failure or delay in the performance of these Terms resulting from circumstances beyond the reasonable control of the relevant party.

6.9.1. These Terms are governed by the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of the English courts for any legal matters or disputes arising from these Terms.