Right of withdrawal
The User has the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
In order to exercise the right of withdrawal, the User must notify MOMA TRADE, S.L.U., , of his/her decision to withdraw from the contract by means of an unequivocal statement: MOMA TRADE, S.L.U., email@example.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 comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right by the User is sent before the expiry of the withdrawal period.Consequences of withdrawal:
In the event of withdrawal by the User, we will reimburse to you all payments received, including the costs of delivery (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; in any event, you will not incur any costs as a result of the reimbursement.
"You must return or deliver the goods directly to us at MOMA TRADE, S.L.U., C/ NÀPOLS, 111 - 08013 BARCELONA" or "We will collect the goods", without undue delay and, in any event, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the end of this period.
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 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:
I hereby give notice that I withdraw from my contract of sale contract of 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). ____________
(*) Signature of the consumer/user (only if this form is submitted on paper):
(*) Required fields.
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 products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery charges and any costs incurred by the User in making 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.
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 normally intended; 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 regard to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User purchases a product of a brand or manufactured by a third party on the Website. In this case, if it is impossible or too burdensome for the User to contact the entrepreneur for non-conformity, the User also has the possibility to contact 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 these products. In order to do so, the User must have retained all information regarding the warranty of the products.