GENERAL CONDITIONS

We invite you to review the general conditions which regulate the provision and purchase of products from MOMA TRADE, S.L.U. through the online store found on this website: www.momabikes.com.

By using this website, you are bound by these conditions and we recommend that you read them carefully. If you do not agree with them, you should leave the website.

INTRODUCTORY PROVISIONS

These general conditions apply to all sales of products from the MOMA TRADE, S.L.U. brand, which 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 can only be placed for the purchase of goods without any intention of resale. The resale or distribution of products purchased through this website is strictly prohibited.

We reserve the right to cancel fraudulent, false, or speculative orders as well as those that have been requested by a customer with whom there may be a discrepancy/controversy in previous orders, or when there is reasonable doubt that the customer is committing criminal activity.

We may update these general conditions as well as the legal notice at any time. You can consult and print the updated version of both texts by clicking on the link "General conditions" under "Legal information".
As a user, you are obliged to provide MOMA TRADE, S.L.U. with all the information required to access and use the services of this website. This data must be truthful and up-to-date, and you consent to our using it to contact you if necessary.

It is essential for you to provide all the information that we classify as obligatory as we will not be able to process your order if you do not do so. We will not be responsible for any possible delays or failures in delivery as a result of error or omission of data under any circumstances.

The user must make appropriate use of the services included on the website, always in accordance with the legal system, and must not carry out any activity that hinders or interferes with its operation.


We will put in place all reasonable mechanisms to ensure that your personal data is kept secure at all times. However, you should note that no data transmission over the internet can be guaranteed to remain safe from access by unauthorised recipients and we cannot be held responsible for any breach of security unless it is due to our negligence. You must also take all necessary security measures, both personal and material, to maintain the confidentiality of your username and password and to notify us immediately if your username and/or password is lost, misplaced, stolen, unlawfully accessed, or becomes known to any third party.

 

ORDERING CONDITIONS

All products offered on this website are sold directly by MOMA TRADE, S.L.U. with tax ID (CIF) B66424045 and loacted at C/ NÀPOLS, 111 - 08013 BARCELONA, SPAIN.
You can browse the website until you find the desired article. Once you have located it, you can access all of the detailed information offered by the website by clicking on the item. From there, you can add the article to your basket.
Finally, to finish the order, you will be asked to enter all of your personal information (name and surname, email address, payment method, etc.).
We accept and distribute orders from the territories of Spain, the Iberian Peninsula, the Balearic Islands, and Portugal. We do not ship to the Canary Islands, Ceuta, Melilla, Formentera, Madeira, or the Azores.


If a user is interested in receiving an item in a country or area other than those listed above, we recommend that they contact us via the contact form or by sending an email to info@momabikes.com and we will advise them accordingly.

All orders are subject to availability. We are not responsible for the non-existence or unavailability of products.

Please check the selection of items available for sale through the website, as not all items that we may offer in our stores or that may appear in the catalogues, websites, or other formats are available for this kind of sale.

If a product is not available after 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 for you to contact our customer service department.
We will not accept the order until the full amount has been credited to our account. We will confirm acceptance of your order by sending an email to inform you that the order is being sent. Only then will the contract between us be formalised and only for the items listed in that shipping confirmation.

Before you complete your order on our website, you can review all of the details associated with your order (an itemised breakdown with all the necessary headings: taxes, cost, shipping, items selected, etc.) and you can correct whatever you consider necessary.

After confirmation, it will not be possible to modify or cancel your order through our website. You will have to contact us. In this case, the order can only be modified or cancelled if the goods have not entered the shipping phase in our warehouses. All prices include VAT.

For deliveries to EU companies with intra-community VAT, 21% VAT is not payable. Contact us by email for more information.
Any order placed must be paid for immediately after confirmation of the order. 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 total cost of the order will be charged to your card, so you must provide us with the number, expiry date, and the CW2 security code (on the back of your card). If your card is declined, you will be asked for the relevant security codes.

This data will not be stored or manipulated by us but will be directly entered into the payment gateway of the relevant financial institution. The payment will be made in real time through this payment gateway. In the event that the charge cannot be carried out in the end (for whatever reason), the order will be automatically cancelled.

The invoice will be sent to the email address specified by the customer in the order within approximately 14 days of receiving the order. The countries for shipping and billing must be the same. If the countries for shipping and billing are different, MOMA TRADE, S.L.U. will send the invoice to the shipping address.

Spain/Peninsula: You will receive your order within 2–3 working days
France and Italy: You will receive your order within 3–4 working days

This timeframe may increase during sales periods, Christmas campaigns, or in the case of customs formalities and other circumstances arising from (for informational purposes only): geographical distance, weather conditions, wars, strikes, any form of government intervention, non-fulfilment by our suppliers, etc., as well as any other circumstances that can be attributed to the logistics operator responsible for delivering the product. We are not responsible for any delays that may occur for any of the aforementioned reasons.


If, at the time of delivery, the packaging of your order is damaged, you should open the package with the logistics operator present to check the condition of the articles. If any damage is observed, you should indicate it on the delivery document and contact us by email at info@momabikes.com.

We will repair or replace, at no cost to you, all those items that are damaged or lost during transport, provided that you notify us of the incident within the first 24 hours of receiving the order. Hidden damage (packaging in apparently good condition and a damaged product) and missing components must be reported, by email, to info@momabikes.com within the first 24 hours of delivery of the item, attaching photographs of the packaging, the shipping label, and the product label. The images are essential to process any incident correctly and quickly.

Once your order has been delivered, it becomes your property and, therefore, any damage that may occur becomes your responsibility.

Our bicycles have a two-year guarantee as stipulated in the Consumer Guarantees Act of 2003. In the case of electric bicycles and scooters, the guarantee will be of two years on the mechanical parts and six months on the electronic parts and the battery.

SHIPPING RATES*

Shipping rates: Spain and Portugal

  • Bicycles: €29.90 (including GTT20 and GTT24)
  • KID bicycles: €14.90
  • Woody bicycles: €9.90
  • Lightweight scooters: €9.90
  • Elliptical bicycles: €29.90
  • Scooters 1000W / 2100W / Spinning / Ribbon: €29.90
  • Accessories: €9.90  

    Shipping rates: France and Italy

    • Bicycles: €29.90 (including GTT20 and GTT24)
    • KID bicycles: €19.90
    • Woody bicycles: €14.95
    • Lightweight scooters: €19.90
    • Elliptical bicycles: €29.90
    • Scooters 1000W / 2100W / Spinning / Ribbon: €42
    • Accessories: €14.95

      Shipping costs are cumulative in all cases. For example: If you buy two bicycles, the shipping cost will be 29.90 ? + 29.90 ? = 59.90 ?. This will not apply in the case of the purchase of two or more accessories or Woody's children's bikes. Therefore, in the case of purchasing more than one accessory, the shipping cost for the category itself will only be charged once (e.g. purchase of two accessories the shipping cost will be 9.90 ? or 14.95 ? depending on the country).

      ** We do not ship to Ceuta, Melilla, the Canary Islands, Formentera, Madeira, the Azores, or French overseas territories such as Reunion, Guadeloupe, Martinique, French Guiana, French Polynesia, New Caledonia, Mayotte, St Martin, Wallis and Futuna, St Barthélemy, St Pierre, or Miquelon.

      To know the exact shipping cost and the total amount to be paid, select "Country/Region" and "Shipping method" once the desired products have been added to the basket.

      The replacement part for any defective part will be sent to the customer. Under no circumstances will we pay for the installation of the same.

      If you buy a bike in our physical store, you won't have to pay the shipping costs, but you'll have to pay €15 per bike for assembly, adjustment, delivery, and shop maintenance.

      The invoice will be sent to the email address specified by the customer in the order within approximately 14 days of receiving the order. The countries for shipping and billing must be the same. If the countries for shipping and billing are different, MOMA TRADE, S.L.U. will send the invoice to the shipping address.


      ALIGNMENT AND ASSEMBLY


      The bikes are shipped adjusted and assembled, except for the front wheel and pedals (they are assembled in 2 minutes). On some bikes the basket is also removed. Due to transport, it is sometimes necessary to make some adjustments to the bikes because a pressure on the derailleur may cause it to become a little out of adjustment. All bikes with derailleur gears, and especially those with chainrings and sprockets, require adjustment after the first 20 hours of use. It is possible that the bicycle has some small misalignment, so it is important to ride without using the derailleur (centre ring) for about 20 hours and take advantage of the check-up to finish tuning the derailleur.


      RIGHT OF WITHDRAWAL AND RETURN

      All orders are automatically processed so that the shipment is picked up and sent to its destination as quickly as possible. If you cancel your order and it has already been processed and is in the process of being shipped, you will be responsible for the cost of returning it to our facilities.

      Once the order has been placed, the client has 3 hours to inform MOMA TRADE, S.L.U. of the cancellation of the order without any penalty or surcharge. The request for cancellation 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 wish to cancel the order. After this period, the conditions of return expressed above will be applied.


      Once the order has been received and to exercise the right of withdrawal or return, the customer has a period of 14 calendar days from the date of receipt of the order.

      In order to make the withdrawal effective, you must notify MOMA TRADE, S.L.U. by sending an email to info@momabikes.com.

      In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right be sent before the expiry of the relevant deadline.


      In the event of withdrawal, the customer will be responsible for return shipping. This right is limited and does not include the possibility of withdrawal in the following situations:


      – Goods that have been used or damaged.

      – Goods that can deteriorate or expire quickly.

      – Goods made to meet the specifications of the consumer and user or that have been clearly personalised.

      – Sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.

      Only those products that are in perfect condition will be accepted for return and these must be returned with proper protection, in their original packaging, in perfect condition, and with no signs of having been used.

      Once the products have been received, if any type of manipulation, flaw, or indication that the product has been modified, altered, or risk of such existing is detected, the product in question will be immediately returned to the customer through cash on delivery postal service, with the user assuming these shipping costs.

      The right of withdrawal requires the user to return the product as it was received, unused and in its original packaging so that it will not be damaged during transport. The customer will be responsible for any possible damage that may occur during transport and for any liabilities arising from it.

      Once the goods have been examined and verified, MOMA TRADE, S.L.U. will proceed to refund the cost of the goods in the same way as the payment was made, within a period of no more than 14 days from the date of receiving the goods.

      Returns will be processed on working days, from Monday to Friday. Returns made on national, regional, and local holidays will be processed on the day following the holiday in question.


      PARTIAL ANNULMENT

      If any part of these general conditions are unlawful and therefore invalid, this will not affect the remaining lawful provisions. The parties are obliged to renegotiate those points of the conditions of service that are invalid and to incorporate them into the remaining conditions of service.


      MODIFICATIONS TO THE GENERAL CONDITIONS

      MOMA TRADE, S.L.U. reserves the right to modify the general conditions without prior notice, and may change, remove, or add both the content and services provided through it and the way in which these are presented or located on its servers.
      These changes must be accepted by the user each time a purchase is made through the website.
      Customers who do not agree with the changes to the general conditions must notify us and, as of the date on which the new version comes into force, they must stop using the services of the website.
      In the event that some of the terms of the general conditions of sale are declared void or unenforceable by a court decision, the other provisions will remain in force.


      APPLICABLE LAWS AND JURISDICTION

      This site is located and operated in Spain. All matters relating to this website are governed by Spanish law and are subject to the jurisdiction of the competent courts of Spain. The principles of conflict of laws do not apply.

      In those cases where the client is not a consumer or user, or is not a resident of Spain, they will submit to the Courts and Tribunals of Barcelona, expressly relinquishing any other jurisdiction that may correspond to them.

      If the user decides to use or consult this site outside of Spain, they should bear in mind that they do so of their own initiative and that they are responsible for compliance with the applicable 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 that it incorporates, along with the annexes (if any), in addition to being read on this website, may be stored, archived, and reproduced by the usual electronic or computerised means.

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