Terms and conditions
1. GENERAL INFORMATION
This website https://www.mydomain.com/, (hereinafter, the Website) is owned by: Momum Premium SL, with tax code: ESB67249607 and is registered in the: Companies Registry of Barcelona with the following registration information: Volume 46480, Sheet 148, Page 521388. Its contact information is:
Address: c/Vilassar 19 Bis (08319) Dosrius, Barcelona, Spain.
Contact telephone number: +34 607 45 70 99
Contact e-mail: info@momum.cc
This document (as well as other documents mentioned herein) regulate the terms and conditions that govern the use of this Website (https://www.mydomain.com/) and the purchase or acquisition of products and/or services therein (hereinafter, Terms and Conditions).
For the purposes of these Terms and Conditions it is deemed that the activity carried out by Momum Premium SL through the Website comprises of sale of cycling products and accessories, such as lubricants, degreasers, handlebar grips and tapes, as well as other accessories for the maintenance and practice of this sport.
As well as reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must read the Legal Notice and General Terms and Conditions of Use, including the Momum Premium SL cookies policy, the privacy policy and the data protection policy. Upon using this Website or purchasing or requesting purchase or a product and/or service through it, the User consents to being bound by these Terms and Conditions and for all of the aforementioned. Therefore, if you do not agree with this, you should not use this Website.
Likewise, you are informed that these Terms and Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as the Terms that are current at the time purchase of products and/or services is requested shall be applicable.
Should the User have any questions about the Terms, they may contact the owner using the contact information provided above or, if appropriate, via the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter, indistinctly, individually referred to as User or jointly as users), with which all the Terms established herein and their subsequent modifications, are accepted, from the moment browsing of the Website starts, without prejudice to the application of the corresponding legislation of obligatory compliance as appropriate.
The User assumes their responsibility to use this Website. This responsibility shall extend to:
- Use this Website solely for consultation purposes or to make legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If it can be reasonably deemed that a purchase of this nature has been made, it may be cancelled and the relevant authorities informed.
- Provide true and legal contact information, for example, an e-mail address, postal address and/or other information (See Legal Notice and General Terms and Conditions of Use).
- The User declares they are over 18 years old and have the legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users who are residents in Spain. Momum Premium SL does not guarantee that the Website complies with legislation of other countries, either fully or partially. Momum Premium SL declines all liability that may arise from said access, nor does it guarantee shipping or the provision of services outside Spain.
The User may choose to formalise the sales contract for the desired products and/or services with Momum Premium SL in any of the languages in which these Terms are available on the Website.
3. PURCHASE OR ACQUISITION PROCESS
User may purchase on the Website using the established means and forms. They must follow the online purchase and/or acquisition procedure of https://www.mydomain.com/, during which several products and/or services may be selected and added to the cart, basket or checkout space and, finally, click on: “Buy”
Likewise, the User must fill in and/or check the information requested at each stage, although, during the purchase process, before making the payment, the purchase information can be modified.
Next, the User will receive an e-mail confirming that Momum Premium SL has received their purchase and/or service provision order or request, in other words, confirmation of the order. And, if appropriate, they shall also be informed via e-mail when the purchase is being shipped. If appropriate, this information can also be available to the User through their personal space on the Website.
Once the purchase process has been completed, the User consents to the Website generating a digital invoice that shall be sent to the User via e-mail and, if appropriate, through their personal space on the Website. Likewise, the User may, if they so desire, obtain a hard copy of their invoice by requesting it from Momum Premium SL using the contact forms on the Website or the contact information provided above.
The User acknowledges they are aware, at the time of purchase, of certain specific terms and conditions or sale regarding the product and/or service in question and that are shown together with the presentation or, if appropriate, image of said product/service on its Website page, indicating in each case, for example but not limited to: the name, price, components, weight, quantity, colour, product details or characteristics, manner in which they shall be carried out and/or cost of the provisions; and acknowledges that the realisation of the purchase or acquisition order results in the full and complete acceptance of the specific terms and conditions of sale applicable in each case.
The communications, purchase orders and payments that take place during the transactions made on the Website may be filed and kept in the Momum Premium SL digital files as evidence of the transactions, in any case, respecting the reasonable conditions of security and the current laws and regulations that are applicable in this regard, and specifically bearing in mind Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights, and Users’ rights in accordance with the privacy policy of this Website.
4. AVAILABILITY
All the purchase orders received by Momum Premium SL via the Website are subject to availability of the products and/or any circumstances or force majeure (Clause Nine of these Terms) that affects their supply and/or the provision of services. If there are difficulties regarding the supply of products or there are no products in stock, Momum Premium SL undertakes to contact the User and refund any amount that may have been paid for this amount. This will also be applicable if it is impossible to provide a service.
5. PRICES AND PAYMENT
The prices shown on the Website are final, in Euros (€) and include taxes, unless otherwise stated and applied due to legal requirement, particularly regarding VAT.
Shipping costs for orders over €75 are included in the end prices of the products as shown on the Website. Orders of less than €75 incur an €15 shipping cost, plus VAT. Momum Premium SL carries out the delivery and/or shipping services through: Own distribution.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected or chosen voluntarily of their own free will.
Prices may change at any time, but any possible changes shall not affect orders and purchases for which the User has already received confirmation.
The accepted methods of payment are: credit or debit card and Bizum.
Momum Premium SL uses all means possible to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure socket layer payment system (SSL).
Credit cards will be subject to checks and authorisations by their issuing bank. If the bank does not authorise the payment, Momum Premium SL shall not be responsible for any delay or failure to deliver and cannot formalise any contract with the User.
Once Momum Premium SL receives the purchase order from the User through the Website, it will make a pre-authorisation on the relevant card to ensure there are sufficient funds to complete the transaction. The charge on the card will be done at the time it sends the User confirmation of shipping and/or confirmation of the service provided in the manner and, if appropriate, the place established.
In any case, by clicking on “Buy”, the User confirms that the method of payment used is their own.
6. DELIVERY
When physical delivery of the contracted goods is required, deliveries shall be made within the following territory:Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla) and the European Union.
Except in cases in which there are unforeseen or extraordinary circumstances or, in appropriate, derived from customisation of the products, the purchase order comprising of the products listed in each purchase confirmation shall be delivered within the period set out on the Website according to the shipping method selected by the User and, in any case, within 30 calendar days starting from the date the order is confirmed.
If for any reason attributable to it, Momum Premium SL cannot comply with the delivery date, it shall contact the User to inform them of the situation and, the former may choose to continue with the purchase setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order as the user is absent, the order may be returned to the warehouse. However, the transport company shall leave a note explaining where the order is and how it may be delivered again.
If the User is not going to be at the delivery address during the agreed time period, they may contact Momum Premium SL to organise delivery for another day.
After 30 days have passed from the order being available for delivery, and it has not been delivered for reasons not attributable to Momum Premium SL, Momum Premium SL shall understand that the user wishes to withdraw from the contract and it shall be deemed terminated.
As a result of termination of the contract, all payments received from the User shall be refunded, except for the additional costs resulting from the User’s own choice of a different method of delivery other than the least expensive ordinary delivery method that the Website offers, with no undue delay and, in any case, within 14 calendar days from the date the contract is terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to them.
For the purposes of these Terms and Conditions, it shall be deemed that the delivery has been made or the order has been delivered at the time the User or a third party indicated by the User acquires the material possession of the products, which shall be accredited by a signature accepting the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the moment they are delivered. The User acquires ownership of the products when Momum Premium SL receives complete payment of all amounts due in relation to the purchase or acquisition, including the shipping costs, or at the time of delivery, if this occurs after Momum Premium SL has received the full amount to be paid.
In accordance with the provisions in Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed localised to the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that which is legally current at the time depending on the specific article in question.
Likewise, and in accordance with Chapter I of Title V of Directive 2006/112 of the European Council of 28 November 2006 on the common VAT system, purchase orders shall be localised, for delivery or provision, in that Member State of the European Union in which the address that appears on the purchase order is localised and therefore, the applicable VAT shall be what is current in said Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT in application of the provisions of Law 37/1992 and of Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with current legislation in each of those territories. The User must bear in mind that in these territories, situations may arise in which customs duties and taxes are applied and accrued at destination, in accordance with current legislation, and these may be at their expense.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that should they detect a mistake has been made when entering the necessary information to process their purchase on the Website, they may modify it by contacting Momum Premium SL via the contact forms provided on the Website, and, if appropriate, through those provided to contact customer service, and/or using the contact information provided in Clause One (General Information). Likewise, this information may be remedied by the User through their personal space on the Website.
In any case, before clicking on “Buy”, the User has access to the space, cart or basket where their purchase requests are recorded and modifications can be made.
Likewise, the User should consult the Legal Notice and the General Terms and Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right to rectification as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018 of 5 December on the Personal Data Protection and the guarantee of digital rights.
8. RETURNS
Should the User acquire products on or via the owner’s Website, they shall have a series of rights, as listed and described below:
Right to Withdraw
The User, as consumer and user, makes a purchase on the Website and, therefore, has a right to withdraw from said purchase within 14 calendar days with no need for justification.
This withdrawal period shall expire 14 calendar days after the User or a third party authorised by the latter, other than the transport company, acquired material possession of the goods acquired on the Momum Premium SL Website or, if the goods comprising their order is delivered separately, 14 calendar days from the day the User or a third party authorised by the latter, other than the transport company, acquired material possession of the last of these goods that comprise the same purchase order, or if in regard to a contract for services, 14 calendar days from the day of execution of the contract.
To exercise this right of withdrawal, the User must inform Momum Premium SL of their decision. This may be done, if appropriate, through the contact spaces provided on the Website.
Regardless of the means chosen to notify their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form that XXXXXX makes available as an annex to these Terms and Conditions, however, its use is not obligatory.
To comply with the withdrawal period, it is sufficient that the notification that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Momum Premium SL shall refund all payments received to the User, including shipping costs (except for the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) with no undue delay and, in any case, within 14 calendar days from the date on which Momum Premium SL is informed of the User’s decision to withdraw.
Momum Premium SL shall refund the User using the same method of payment used for the initial purchase transaction. This refund shall not generate any additional cost to the User. However, Momum Premium SL may withhold this refund until it has received the products or articles of the purchase, or until the User presents proof of their return, whichever is done first.
The User may return or send the products to Momum Premium SL at c/Progrés 35, 08850, Gavà (Barcelona) Spain
This must be done with no undue delay and, in any case, within 14 calendar days from the date that Momum Premium SL was informed of the decision to withdraw.
The User acknowledges that they are aware that they must cover the direct cost of return (transport, shipping) of the goods, if any are incurred. They shall also be responsible for the reduction in value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User states they are aware of the exceptions to the right to withdraw, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November which approves the reformed text of the General Law for the Defence of Consumers and Users and other complementary laws. This would include but not be limited to: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their plastic wrapping, as sealed in the factory; products that due to hygiene or health reasons are sealed and which have been unsealed after delivery.
The provision of a service that the User may contract on this Website is also similarly governed, as the same Law establishes that Users shall not have any right to withdraw when the service has been completely provided, or when it has begun, with the express consent of the consumer and user and with their acknowledgement that they are aware of their right to withdraw has been lost, once the contract has been completely executed by Momum Premium SL.
In any case, no refund shall be given if the product has been used more than merely opening it, if products are not in the same condition in which they were delivered or they have suffered some damage after delivery.
Likewise, products must be returned using or including their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
This covers all those cases in which the User deems that, upon delivery, the product does not meet that set out in the contract or purchase order, and that, therefore, they must contact Momum Premium SL immediately and make them aware of the existing non-conformity (defect/error) using the same means or the contact information provided in the previous section (Right to Withdraw).
The User shall then be informed about how to return the products, and, once returned, these shall be examined and the User informed within a reasonable period about whether they shall be refunded or, if appropriate, replaced.
The refund or replacement of the product shall be done as soon as possible and, in any case, within the 14 days following the date on which an e-mail is sent confirming the refund or replacement of the non-conforming article.
The amount paid for said products that are returned due to a defect, when one really exists, shall be fully refunded, including the delivery costs and expenses incurred by the User for their return. The refund shall be paid using the same method of payment the User used to pay for the purchase.
In any case, the rights to which the User is entitled in current legislation at any time shall be adhered to, as a consumer and user.
Guarantees
The User, as consumer and user, has guarantees regarding the products that may be acquired via the Website, under the terms legally established for each type of product, Momum Premium SL, therefore, being liable for their lack of conformity that appears within two years from delivery of the product.
In this regard, it is deemed that the products are in accordance with the contract whenever: they meet the description made by Momum Premium SL and have the qualities stated therein; they are suitable for the uses for which products of this type are ordinarily used; and they have the normal quality and features of products of the same type and that are fundamentally expected of them. When this is not the case for products delivered to the User, the latter must proceed as indicated in the section Return of defective products or shipping error. However, some of the products marketed on the Website may have non-uniform characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore form part of the individual appearance of the product, and this shall not be a defect.
Furthermore, it may be the case that the User acquires a product from a third party brand or manufacturer from the Website. In this case, and with the User considering the product to be defective, they may also contact the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly with them during the two years following delivery of said products. In order to do this, the User must have kept all the information regarding the products’ guarantee.
9. DISCLAIMER
Unless otherwise provided by law, Momum Premium SL shall not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any non-compliance on its part;
- business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary costs incurred);
- any other indirect loss that was not reasonably envisaged by both parties at the time the product sales agreement was executed between both parties.
- Momum Premium SL applies all relevant measures to provide a true view of the product on the Website, however, it is not liable for minimal differences or inaccuracies that may exist due to poor screen resolution, or problems with the browser that is used or others of this nature.
- Momum Premium SL shall act with maximum diligence to make the product that is the subject of the purchase order available to the transport company. However, it is not liable for damage arising from a malfunction of the transport, particularly for reasons such as strikes, traffic jams, and in general any others typical of the sector that result in delays, losses or theft of the product.
- Technical failures that, due to acts of God or other reasons, prevent the normal functioning of the internet service. Lack of availability of the Website for maintenance or other reasons, which prevent availability of the service. Momum Premium SL puts all means at your disposal to carry out the purchase process, payment and shipping/delivery of the products, however, it is exempt from liability for reasons that are not attributable to it, acts of God or force majeure.
- Momum Premium SL shall not liable for the misuse and/or wear and tear of products that have been used by the user. At the same time, nor shall Momum Premium SL be liable for an erroneous return made by the User. It is the User’s responsibility to return the product correctly.
- Strikes, lock-outs or other union actions.
- Civil unrest, riots, invasion, terrorist threat or attack, war (declared or not) or the threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Momum Premium SL shall be electronic (e-mail or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communications and acknowledges that all contracts, notifications, information and other communications that Momum Premium SL sends electronically comply with the legal requirements as they are in writing. This condition shall not affect the User’s rights recognised by law.
The User may send notifications and/or communicate with Momum Premium SL through the contact information provided in these Terms and Conditions and, if appropriate, through the contact spaces on the Website.
Likewise, unless stated otherwise, Momum Premium SL can contact and/or notify the user via e-mail or the postal address provided.
11. WAIVER
No waiver by Momum Premium SL or a specific legal right or action nor its lack of demand for the strict compliance by the User of any of their obligations shall imply either a waiver of other rights or actions derived from a contract or the Terms, nor shall it exonerate the User from complying with their obligations.
No waiver by Momum Premium SL of any of these Terms adn Conditions or of the rights or actions derived from a contract shall be effective unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.
12. ANNULMENT
If any of these Terms are declared null and void by a firm ruling issued by a competent authority, the rest of the clauses shall remain effective and shall not be affected by said declaration of annulment.
13. FULL AGREEMENT
These Terms and Conditions and any document that is expressly referred to herein comprises the full agreement existing between the User and Momum Premium SL with regard to the subject of the sale and purchase and replaces any other pact, agreement or promise previously made verbally or in writing by the same parties.
The User and Momum Premium SL acknowledges having consented to the execution of a contract without having trusted in any declaration or promise made by the other party, except that which expressly appears set out herein.
14. DATA PROTECTION
The personal data or information that the User provides to Momum Premium SL during a transaction on the Website shall be processed in accordance with that established in the data protection or Privacy Policy (contained, in turn, in the Legal Notice and General Terms and Conditions of Use). Upon accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all information or data provided is accurate.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing and/or use of this Website and the product purchase contract through it shall be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to access, browsing and/or use of the Website, or with the interpretation and execution of these Terms, or with the sales contract between Momum Premium SL and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. CLAIMS AND COMPLAINTS
The User may send its claims, complaints or any other kind of comment they wish to make to Momum Premium SL through the contact information provided at the beginning of these Terms (General Information).
Momum Premium SL also has official claim forms available for consumers and users, and these may be requested from Momum Premium SL at any time via info@momum.cc (General Information).
Likewise, if any dispute arises from the execution of this purchase contract between XXXXXX and the User, the latter as consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: https://ec.europa.eu/consumers/odr/.