GENERAL CONDITIONS
We invite you to review the general conditions of purchase that regulate the offer and purchase of MOMA TRADE, S.L.U. products through the online shop included in this website www.momabikes.com.
By using this website you are bound by these terms and conditions and we recommend that you read them carefully. If you do not agree to them you should leave the website.
- INTRODUCTORY PROVISIONS
These terms and conditions of purchase apply to all sales of MOMA TRADE, S.L.U. branded articles made through the website www.momabikes.com (hereinafter "website").
By placing an order, you guarantee that you are over 18 years of age and that you 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 orders., false or speculative orders, as well as those that have been requested by a customer with whom there may be a difference/controversy in previous orders, or when there is reasonable doubt that may lead us to believe that the customer is violating any criminal activity.
We may update these terms and conditions of purchase and the legal notice at any time.
User obligations
As a user you are obliged to provide MOMA TRADE, S.L.U. with all the data necessary to access and use the services of this website. These data must be truthful and current and you agree that we may use them to contact you if necessary.
It is essential that you provide all the information that we classify as compulsory, otherwise 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 error or omission of data.
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.
Security measures
We will use all reasonable efforts 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 to be secure against access by unauthorised recipients and that we cannot be held responsible for any failure of security unless it is due to our negligence. You must also take reasonable security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of any loss, misplacement, theft, misappropriation, theft or unlawful access to or knowledge of your username and password by any third party.
- ORDERING CONDITIONS
All products offered on this website are sold directly by MOMA TRADE, S.L.U. with CIF B66424045 and address at C/ NÀPOLS, 111 - 08013 BARCELONA. Registration details: Barcelona Trade Register, Volume 44605, Folio 19, Page 460937, Entry 1.
Telephone: 932 653 043
E-mail: info@momabikes.com
Purchasing procedure
You will be able to browse the website until you find the desired article. Once you have found it, click on it to access all the detailed information offered by the website. From there you can add the item to your purchase. When placing the order you will be asked to enter all your details and finally confirm the order.
Coverage of the offer
The territories in which they accept and distribute orders are those comprising Spain / Mainland Spain, France, Italy and Belgium.
We do not ship to Ceuta, Melilla, Canary Islands, Formentera, Madeira, Azores, French overseas territories such as Reunion, 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 non-existence or unavailability of products.
Please refer to the selection of items available for sale through the website, as not all items that we may offer in our shops or that may appear in catalogues, websites or other 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 cancelled in whole or in part.
If you have any doubts, we recommend that you contact our customer service department.
Contract with MOMA TRADE, S.L.U. and acceptance of orders
The order will not be accepted by us until the amount has been debited from our account. We will confirm acceptance of the order in an e-mail informing you that the order is being shipped. Only then will the contract between you and us be formed, and only for the items listed in the shipping confirmation.
Confirmation and cancellation of orders
Prior to your completion of the order on the website, you will be able to review all the details associated with the order (amounts broken down into all the necessary headings - taxes, transport costs, item selection, etc.), and you will be able to correct anything you deem 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, S.L.U. of the cancellation or change of the order without any penalty or surcharge. The request for cancellation or change within this period must be notified by sending an email to info@momabikes.com indicating, in the subject line, the order number and in the body of the email, the express wish to cancel or change the order. In the case of requesting a change, the order will be cancelled and another order will have to be placed. After this period, the return conditions expressed in the Returns section will be applied.
In these cases, you will be paid the full 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. Modifications are understood to be changes of size/colour/product 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 rate legally in force at any given time.
All prices are shown in euros and include VAT.
Payment methods and security
Any orders placed must be paid for immediately upon 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 cardsThe amount of the order will be charged to your card, so you will have to give us the number, the expiry date and the security code CW2 (on the back of your card). If your card is scanned, you will be asked for the relevant security codes.
These data will not be stored or manipulated by us, but will be registered directly in the payment gateway of the corresponding financial institution. The payment will be charged in real time via this payment gateway. In the event that the payment cannot be charged (for whatever 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 any problem with the availability of the product, our customer service team will contact you to give you a solution and to inform you of the delivery time once the selected product is available.
If you have a preference for a morning or afternoon delivery time, you can indicate it in the order commentary and the transport company will try to comply with it as far as its route and timetable possibilities allow.
Delivery methods:
The shipment will be made by express courier company.
The delivery time will be, from the moment it leaves our facilities, depending on the destination town:
Spain / Peninsula: 1-3 working days.
France, Italy, Germany and Belgium: 3-4 working days.
If at the time of delivery the packaging of the order is damaged, you must open the package in the presence of the logistics operator to verify the condition of the items. If any damage is found, you must always detail it on the delivery note and contact us by e-mail at info@momabikes.com.
We will repair or replace, at no cost to you, all items that have been damaged or lost in transit, provided that you notify us within 24 hours of receipt of the order. Hidden damage (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, of the transport label and of the product label. The images are essential for the correct and quick treatment of any incident.
Once the order has been delivered, it will become your property and therefore, any damage that may occur will be your responsibility.
Shipping rates
Spain and Portugal
Bicycles 29,90 Euros (including GTT20 and GTT24)
KID Bikes 14,90 Euros
Woody Bikes 9,90 Euros
Light scooters 9,90 Euros
Elliptical 29,90 Euros
Scooters 1000W / 2100W / Indoor / Treadmill 29,90 Euros
Accessories 9,90 Euros
France and Italy
Bicycles 29,90 Euro (including GTT20 and GTT24)
KID Bikes 19,90 Euro
Woody Bicycles 14,95 Euro
Light scooters 19,90 Euro
Elliptical 29,90 Euros
Scooters 1000W / 2100W / Indoor / Treadmill 42,00 Euros
Accessories 14,95 Euro
Bicycles 39,90 Euros (including GTT20 and GTT24)
KID bicycles: €19.90
Woody bicycles: €14.95
Lightweight scooters: €19.90
Elliptical 39,90 Euros
Scooters 1000W / 2100W / Indoor / Treadmill 39,90 Euros
Accessories: €14.95
Germany
Bicycles 39,90 Euros (including GTT20 and GTT24)
KID bicycles: €19.90
Woody bicycles: €14.95
Lightweight scooters: €19.90
Elliptical 39,90 Euros
Scooters 1000W / 2100W / Indoor / Treadmill 39,90 Euros
Accessories: €14.95
The shipping costs will be cumulative in all cases. For example: If you buy two bikes, the shipping cost will be €29.90 + €29.90 = €59.90. This does not apply to the purchase of two or more Woody accessories or children's bikes. Therefore, in the case of buying more than one accessory you will only be charged once the shipping cost of the category itself (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, Canary Islands, Formentera, Madeira, Azores, French overseas territories such as Reunion, Guadeloupe, Martinique, French Guiana, French Polynesia, New Caledonia, Mayotte, Saint Martin, Wallis and Futuna, Saint Barthélemy, Saint Pierre and Miquelon.
To find out the exact amount of shipping costs and the total amount to be paid, once you have added the desired products to your basket, select "Shipping zone" and "Payment method".
If you buy in our physical shop you will not have to pay the shipping costs, but you will have to pay 15€ per bike for assembly, adjustment, delivery and maintenance of the shop.
The invoice will be sent to the e-mail address indicated by the customer in the order, within approximately 14 days after receipt of the order. The shipping and billing country must coincide and, in the event that the shipping and billing countries of the order are different, MOMA TRADE, S.L.U. will issue the invoice to the shipping address.
Adjustment 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.
Returns
In cases where the User purchases products on or through the Website of the owner, he/she is 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 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired 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: MOMA TRADE, S.L.U., info@momabikes.com, of their decision to withdraw from the contract by means of an unequivocal statement. You may use the model withdrawal form below, although its use is not obligatory.
In order to meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right by the User is sent before the corresponding deadline expires.
Consequences of withdrawal:
In case of withdrawal by the User, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the return of the goods () without undue delay and in any event not 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 effect such reimbursement using the same means of payment used by the User for the initial transaction.
Once you have received the order and to exercise your 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 wish 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 undue delay and in any event not later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract and provide us with the collection details.
In the event of cancellation, the shipping costs vary depending on the type of product and the place of origin. To give the customer an approximate idea of the amount that would be deducted in the event of cancellation, returning a bicycle from Spain/France has a return cost of 59.80 Euros. The customer will be informed of this amount prior to collection so that he/she can confirm his/her right of withdrawal.
The User must return the products in perfect condition, otherwise the product may be subject to depreciation. Consequently, the User is informed that he/she will be responsible for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. In other words, if the product is not returned with the original packaging or in perfect condition, MOMA TRADE, S.L.U. may charge the cost of the devaluation of the product.
Model withdrawal form:
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Form:
I hereby give notice that I withdraw from my contract for the sale of the following good/provision of the following service:
(*)Order No: ________________________________________________
(*)Contact name: __________________________________________
(*)Contact email: ____________________________________________
(*)Contact telephone number: __________________________________________
(*)User address: _________________________________________
(*)Description (indicate the product(s)/product(s) to be returned). ____________
(*)Fecha: _____________________________________________________
(*) Signature of the consumer/user (only if this form is submitted on paper):
________________________
(*) Required fields.
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The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: goods made according to the specifications of the consumer and user or clearly personalised, the supply of goods that may deteriorate or expire quickly, the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, the supply of goods that after delivery and taking into account their nature have been mixed in an inseparable way with other goods.
Return of defective products or delivery error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact MOMA TRADE, S.L.U. immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details 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 the products, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
Guarantees
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, responding MOMA TRADE, S.L.U., therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product if it is a sale in Spain and two years in other countries. This warranty does not affect the rights available to the consumer under the laws in force in each country.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by MOMA TRADE, S.L.U. and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are reasonably expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, when it is impossible or excessively burdensome for the User to contact the employer for 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 his legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have retained all information regarding the warranty of the products.
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 discolouration caused by sunlight.
- Alteration or improper installation of components, parts or accessories not originally intended for or incompatible with the Product.
- Inadequate repair
- Failure to maintain or service at the proper intervals in accordance with the written instructions provided with the Product. Inadequate maintenance
This warranty also does not apply to components or parts subject to wear and tear by their very nature, such as brake pads or shoes, tyres, sprockets, chain, etc.
The battery is also guaranteed for 2 years, but as 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 ANNULMENT
Should any part of these conditions of service be unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties undertake to renegotiate those parts of the conditions of service which are invalid and to incorporate them into the rest of the conditions of service.
4. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
MOMA TRADE, S.L.U. reserves the right to modify the general conditions of sale without prior notice, and may change, delete or add content and services presented through the same as well as the way in which they are presented or located on its servers.
These changes must be accepted by the user each time he/she makes a purchase through the website.
Customers who do not agree with the modifications to the general conditions must notify us and, from the date on which the new version comes into force, they must stop using the web services.
In the event that some of the terms of the general terms and conditions of sale are declared integral or unenforceable by a court decision, the other provisions shall 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 law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without giving effect to the principles of conflicts of law.
In those cases in which the client is not a consumer or user, or is domiciled outside Spain, they will be subject to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to them.
If the user decides to use or consult this site outside Spain, he/she must bear in mind that he/she does so on his/her own initiative, and that he/she is responsible for compliance with the relevant laws.
This contract shall enter into force and take full effect from the moment of acceptance by the client or user.
This contract, and therefore the general terms and conditions it incorporates, together with the enclosures (if any), can be read on this website, stored, archived and reproduced by the usual electronic or computer means.
6. COMPLAINTS AND CLAIMS
The User may send MOMA TRADE, S.L.U. their complaints, claims or any other comments they may wish to make through the contact details provided at the beginning of these Conditions (General Information). Furthermore, MOMA TRADE, S.L.U. has official complaint forms available to consumers and users, which they can request from MOMA TRADE, S.L.U. at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase contract between MOMA TRADE, S.L.U. and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method via the website: http://ec.europa.eu/consumers/odr/.
