GENERAL CONDITIONS
We invite you to review the general purchasing conditions that regulate the offer and purchase of MOMA TRADE, SLU products through the online store included on this website www.momabikes.com
By using this website you are bound by these conditions, so we recommend that you read them carefully. If you do not agree with them you must leave the website.
- PRELIMINARY PROVISIONS
These purchase conditions apply to all sales of MOMA TRADE, SLU brand items that have been made through the website www.momabikes.com (hereinafter website).).
By placing an order, you guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts.
Orders may only be placed to purchase merchandise without the intention of resale. Any resale or distribution of products purchased through the website is strictly prohibited.
We reserve the right to cancel fraudulent orders., false or speculative, as well as those that have been requested by a client with whom there may be a difference/controversy in previous orders, or when there are reasonable doubts that could make us think that the client is violating some criminal activity.
We may update these purchasing conditions, as well as the legal notice at any time.
User obligations
As a user, you are obliged to communicate to MOMA TRADE, SLU all the data necessary to access and use the services of this website. These must be true and current and you must be aware that we can use them to contact you if necessary.
It is essential that you provide all the information that we classify as mandatory, since, if you do not do so, we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of errors or omissions of data.
The user must make appropriate use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.
Security measures
We will put in place all reasonable mechanisms available to us to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed secure from access by unauthorized recipients and you cannot hold us responsible for any breach of security unless it is due to our negligence. Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify us of the loss, misplacement, theft, theft or illegitimate access to your username and password, as well as its knowledge by third parties.
- CONDITIONS APPLICABLE TO ORDERS
All products offered on this website are sold directly by MOMA TRADE, SLU with CIF B66424045 and address at C/ NÀPOLS, 111 - 08013 BARCELONA. Registration data: Commercial Registry of Barcelona, Volume 44605, Folio 19, Sheet 460937, Inscription 1
Telephone: 932 653 043
Email: info@momabikes.com
Purchase procedure
You can navigate the website until you find the desired item. Once located, by clicking on it you will access all the detailed information that the website offers you. From there you can add the item to your purchase. When placing the order you will be asked to enter all your information and finally confirm the order.
Offer coverage
The territories in which they accept and distribute orders are those included through Spain and Portugal / Peninsula, France, Italy, Belgium, Germany, Luxembourg, Netherlands, Hungary, Romania and Austria.
No shipments are made to Ceuta, Melilla, Canary Islands, Formentera, Madeira, Azores, French overseas territories such as Réunion, Guadeloupe, Martinique, French Guiana, French Polynesia, New Caledonia, Mayotte, Saint Martin, Wallis and Futuna, Saint Barthélemy, Saint Pierre and Miquelon.
Availability
All orders are subject to availability. We are not responsible for the lack of existence or unavailability of the products.
Check the selection of items available for sale through the website, since not all items that we can offer in our stores or that may appear in catalogues, websites or other types of presentations are available for this type of sale.
If a product is not available once the order has been placed, you will be informed as soon as possible by email or telephone and the order will be totally or partially cancelled.
If you have any questions, we recommend that you contact customer service.
Contract with MOMA TRADE, SLU and acceptance of orders
The order will not be accepted by us until the amount has been charged to our account. We will confirm acceptance of the order in an e-mail in which we will inform you that the order is being sent. Only at that time will the contract between you and us be formalized, and only for the items listed in said shipping confirmation.
Confirmation and cancellation of orders
Prior to completing the order on your part on the website, you will be able to review all the details associated with it (amounts broken down into all the necessary headings, taxes, transportation costs, item selection, etc.), being able to correct what you consider. necessary..
After confirmation, it will not be possible to modify or cancel the order through the website.
Once the order has been placed, you have a period of 3 hours to notify MOMA TRADE, SLU of its cancellation or change without any type of penalty or surcharge. The cancellation or change request within this period must be notified by sending an email to info@momabikes.com indicating, in the subject, the order number and in the body of the email, the express desire to cancel or change the order. In the case of requesting a change, the order will be canceled and another one must be made. After this period, the return conditions expressed in the Returns section will apply.
In these cases, you will be paid the total amount through the same payment system used at the time of paying for the order and within a maximum period of seven working days from the communication of the cancellation.
Partial order cancellations or modifications will not be accepted. We understand modifications as size/color/product changes or any other type of modification. In this case you must cancel the order in its entirety, with the corresponding costs, and place a new order.
Currency, tax and price
In accordance with current legislation, all purchases from our website will be subject to value added tax. The applicable rate will be the one legally in force at all times.
All prices are shown in euros and include VAT.
Payment methods and security
Any order placed must be paid immediately after order confirmation. Only orders for which you have completed and verified payment will be processed.
Payment must be made by credit or debit card.
Credit and debit cards: The amount of the order will be charged to your card, so you must tell us the number, the expiration date, as well as the security code CW2 (on the back of your card). In the event that your card is scarred, you will be asked for the relevant security codes.
These data will not be saved or manipulated by us, but will be registered directly in the payment gateway of the corresponding financial institution. The charge will be carried out in real time through this payment gateway. In the event that the charge cannot be carried out finally (for any reason), the order will be automatically cancelled.
Deliveries:
Delivery times are counted from the moment the order leaves our warehouse, we will keep you informed at all times.
If there is a problem with product availability, our customer service team will contact you to provide you with a solution and to inform you of the delivery time once the selected product is available.
If you have a time preference for delivery between morning or afternoon, you can indicate it to us in the order comment and the transport company will try to comply to the extent of its route and schedule possibilities.
Delivery methods:
The shipment will be made by the express courier company.
The delivery time will be, from the moment it leaves our facilities, depending on the destination population:
Spain / Peninsula: 1-3 business days.
France, Italy, Germany, Belgium, Austria, Hungary, Romania, Netherlands and Luxembourg: 3-4 business days.
If at the time of delivery the order packaging is damaged, you must open the package in the presence of the logistics operator to verify the condition of the items. If damage is observed, you must always detail it on the delivery note and contact us by email at info@momabikes.com.
We will repair or replace, at no cost to you, all items that have been damaged or lost during transport, as long as you notify us of this incident within the first 24 hours after receiving the order. Hidden damages (packaging in apparent good condition and damaged product) and missing components must be reported by email to info@momabikes.com within the first 24 hours after delivery of the item, attaching photographs of the packaging, of the product, the shipping label and the product label. Images are essential for the correct and rapid treatment of any incident.
Once the order has been delivered, it will become part of your property and therefore, all damages that may arise will be your responsibility.
Shipping rates
Spain and Portugal
Bicycles 29.90 Euro
E-Longtail 59.90 Euro
Indoor / Treadmill 29.90 Euro
Accessories 9.90 Euro
France and Italy
Bicycles 29.90 Euro
E-Longtail 59.90 Euro
Indoor / Treadmill 42.00 Euro
Accessories 14.95 Euro
Belgium, Germany, Austria, Romania, Hungary, Netherlands and Luxembourg
Bicycles 49.90 Euro
E-Longtail 99.90 Euro
Indoor / Treadmill 49.90 Euro
Accessories 24.95 Euro
Shipping costs will be cumulative in all cases. For example: if you buy two bikes with shipping to Spain, the shipping cost will be €29.90 + €29.90 = €59.90. This is not the case if you buy two or more accessories. Therefore, in the case of buying more than one accessory, the shipping cost of the category itself will only be charged once (e.g.: buying two accessories with shipping to Spain, the cost of shipping will be €9.90). For some accessories such as bike racks, given their large volume, the shipping rate is the same as for bicycles.
No shipments are made to Ceuta, Melilla, Canary Islands, Formentera, Madeira, Azores, French overseas territories such as Réunion, Guadeloupe, Martinique, French Guiana, French Polynesia, New Caledonia, Mayotte, Saint Martin, Wallis and Futuna, Saint Barthélemy, Saint Pierre and Miquelon.
To know the exact amount of shipping costs and the total amount to pay, once the desired products have been added to the basket, select Shipping area and Payment method.go”.
If you buy in our physical store you will not have to pay shipping costs, but you will have to pay 15 per bike for assembly, adjustment, delivery and maintenance of the store..
The invoice will be sent to the email address indicated by the client in the order, within approximately 14 days after receipt of the order. The shipping and billing country must coincide and, if the shipping and billing countries of the order are different, MOMA TRADE, SLU will issue the invoice to the shipping address.
Adjustment and assembly
The bicycles are shipped adjusted and assembled, except for the front wheel and pedals (they are assembled in 2 minutes). On some touring bikes the basket is also removed. Due to transport, it is sometimes necessary to make some adjustment to the bicycles because pressure on the derailleur can cause it to become a little out of adjustment. Every bicycle with a gear change, and especially those with chainrings and sprockets, requires an adjustment after the first 20 hours of use. It is possible that the bike has some small imbalance, it is important to ride without using the chainring (central chainring) for about 20 hours and take advantage of the inspection to finish fine-tuning the shifting.
Returns
In cases in which the User purchases products on or through the owner's Website, they are entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User has the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
To exercise the right of withdrawal, the User must notify us at: MOMA TRADE, SLU, info@momabikes.com, of their decision to withdraw from the contract through an unequivocal statement. You can use the model withdrawal form below, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient for the communication regarding the exercise of this right by the User to be sent before the corresponding period expires.
Consequences of withdrawal:
In case of withdrawal by the User, we will return all payments received from you, including delivery costs (with the exception of additional costs resulting from the return) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by the User for the initial transaction.
Once the order is received and to exercise the right of withdrawal or return, you have a period of 14 calendar days from the date of receipt of the order. Once you have communicated your desire to withdraw from the order, you will have another 7 days to communicate that the material is ready for collection.
We will collect the goods, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract and provide us with the collection details.
In case of withdrawal, shipping costs vary depending on the type of product and the place of origin. So that the customer can have an approximate idea of the amount that would be deducted in the case of withdrawal, returning a bicycle from Spain/France has a return cost of 59.80 Euros. Prior to collection, the customer will be informed of this amount so that they can confirm their right of withdrawal.
The User must return the products in perfect condition, otherwise the product may suffer depreciation. Consequently, the User is informed that he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods. That is, if the product is not returned with the original packaging or in perfect condition MOMA TRADE, SLU may charge the cost of the devaluation of the product.
Model of the withdrawal form:
-------------------------------------------------- -
Form:
I hereby inform that I withdraw from my contract for the sale of the following goods/provision of the following service:
(*)Order number: ________________________________________________
(*)Contact name: __________________________________________
(*)Contact email: ____________________________________________
(*)Telephone contact: __________________________________________
(*)User address: _________________________________________
(*)Description (indicate the product(s) to be returned). ____________
(*)Date: _____________________________________________________
(*)Signature of the consumer/user (only if this form is presented on paper):
________________________
(*) Required fields.
-------------------------------------------------- -
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: goods made in accordance with the specifications of the consumer and user or clearly personalized, the supply of goods that may deteriorate or expire quickly, the supply of sealed goods that are not suitable for be returned for reasons of health protection or hygiene and that have been unsealed after delivery, the supply of goods that after their delivery and taking into account their nature have been inseparably mixed with other goods.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact MOMA TRADE , SLU immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of this product is appropriate. . The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, MOMA TRADE, SLU, therefore, being liable for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product if it is a sale in Spain/Portugal and two years in the rest of the countries. This guarantee does not affect the rights available to the consumer under the legislation in force in each country.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by MOMA TRADE, SLU and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are reasonably expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect.
On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, when it is impossible or an excessive burden for the User to contact the employer due to the lack of conformity, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information related to the product warranty.
This warranty is void in the following circumstances and does not apply to damage caused by:
- Improper assembly or installation.
- Accident, negligence or other misuse.
- Corrosion and discoloration caused by sunlight.
- Alteration or incorrect installation of components, parts or accessories not originally intended for the Product or incompatible with it.
- Improper repair
- Failure to maintain or service at appropriate intervals in accordance with the written instructions provided with the Product. Improper maintenance
This warranty also does not apply to those components or parts subject to wear due to their very nature, such as brake pads or shoes, covers, sprocket, chain, etc.
The battery warranty is also 2 years, but since it is a consumable, wear and tear or improper use will not be covered by the warranty (see instruction manual at www.momabikes.com).
- PARTIAL NULLITY
If any part of these conditions of services is contrary to law and, therefore, invalid, this will not affect the other provisions in accordance with the law. The parties undertake to renegotiate those points of the conditions of service that are void and to incorporate them into the rest of the conditions of service.
4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
MOMA TRADE, SLU reserves the right to modify the general conditions of sale without prior notice, and may change, delete or add both the content and services presented through it and the way in which these appear to be presented or located on its servers. .
These changes must be accepted by the user each time a purchase is made through the website.
Clients who do not agree with the modifications to the general conditions must notify them and, as of the date on which the new version comes into effect, must stop using the web services.
In the event that some of the terms of the general conditions of sale are declared integral or not enforceable by a court decision, the other provisions will remain in force.
5. APPLICABLE LAW AND JURISDICTION
This site is located and operated in Spain. All matters relating to this site are governed by Spanish laws and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the application of conflict of law principles.
In those cases in which the client does not have the status of consumer or user, or has a domicile outside of Spain, he or she will submit to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may apply.
If the user decides to use or consult this site outside of Spain, they must keep in mind that they do so on their own initiative, and that they are responsible for compliance with the relevant laws.
This contract will come into force and take full effect from the moment the client or user accepts it.
This contract, and, therefore, the general conditions it incorporates, precisely with the annexes (if any), in addition to being read on this website, can be stored, archived and reproduced by the usual electronic or computer means.
6. COMPLAINTS AND CLAIMS
The User can send MOMA TRADE, SLU their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information). In addition, MOMA TRADE, SLU has official complaint forms available to consumers and users, which they can request from MOMA TRADE, SLU at any time, using the contact information provided at the beginning of these Conditions (General Information ). Likewise, if a dispute arises from the conclusion of this purchase contract between MOMA TRADE, SLU and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and the Council, of May 21, 2013, on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
