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 on which 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, email@example.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 enough 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 refund all payments received, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method. that we offer) 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, unless the User has expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund.
“You must return or deliver the goods to us directly to MOMA TRADE, SLU, C/ NÀPOLS, 111 - 08013 BARCELONA or We will collect the goods, without any undue delay and, in any case, no later than within a period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired.zo.
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.
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 functioning 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:
I hereby inform that I withdraw from my contract of sale contract of 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). ____________
(*)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 applicable, the replacement 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.
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 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.