These Terms and Conditions govern your use of Momodive website: www.momodive.com.
We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.
1. CONTRACTUAL PARTNER
These Terms and Conditions govern the supply by us of any product ordered by you on aMomodive website: www.momodive.com.
By using our website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use these websites.
In these Terms and Conditions, when we refer to 'we', 'us' or 'our', we mean Momodive Where we refer to 'you', 'your' or 'the customer', we mean you, the person using the Services.
2. OFFER AND CONTRACT CLOSING
By ordering on our websites, you confirm that you are at least 18 years of age and accept our Terms and Conditions. Momodive will send you a confirmation of your order per mail. This confirmation does not constitute acceptance of your order as no contract for the purchase of the selected goods will be formed until we receive and proof your payment. Momodive reserves the right to cancel or decline any order without giving further details.
3. PLACING AN ORDER
In order to place an order, you are at least 18 years old. If you are a minor, ask your parents or legal representatives to place the order in your name. However, if you are between 14 and 18 years of age, you can request information about products. In any case, it is advisable to have your parents or legal representatives before navigating and/or registering on our websites or mobile applications so that they can explain any questions that arise. If you are under 14, please do not give us any personal information, as we cannot accept them.
Once you have accessed to our websites, you must fill out the form with the necessary personal data that are requested and must click on the 'Pay' button to confirm the purchase.
When you have finished your order, we will send you an email with the details of your order.
In case there is any problem with the delivery of your order, we will contact you as soon as possible to inform you about the situation and suggest alternative products that you may wish to purchase. Or offer the refund of the amount paid when placing the order.
You may cancel the order at any time and at no additional cost, provided that it has not been invoiced and sent through the shipping company. If the parcel has left our warehouse, you may reject it when being delivered by the shipping company.
The products availability on our websites may constantly changes and reflects the situation in real time. By adding an item to the shopping basket, it does not guarantee that it will be reserved for you, as other customers may have already purchased it. Only when the payment process has been completed, the product is effectively reserved for the customer.
Momodive will make every effort to provide you with the products listed in your order confirmation. However, there may be times when it is impossible for us to supply such products because, for example, a stock issue. In these cases we will contact you to inform you and suggest alternative products that you may wish to purchase.
4. SUPPLY OF PRODUCTS
Momodive will supply the products indicated into the order confirmation, in accordance with these Terms and Conditions.
5. PRESENTATION OF PRODUCTS
The items available are described and presented with as much precision as possible. You must read the description of each product in order to know the specific details and properties. The choice and purchase of a product is the sole responsibility of the customer. However, should an error or omission occur within the information, Momodive cannot be held responsible. All customers are invited to inform Momodive of any error that can be found in a product description.
6. PRICES AND SHIPPING FEES
All prices are clearly shown on our websites. Prices can be changed frequently. The valid prices for each order are based on the moment the order has been placed.
Prices are shown as follow:
- For orders being shipped to countries within the European Union, VAT is already included in the product price you see on our websites. So VAT and any sales taxes are already included and you will only be charged the product price and the shipping fees.
- For orders being shipped to countries outside of the European Union, no VAT and no sales tax will be included in the product prices you see on our websites and you will not be charged any taxes by Momodive. However your packages may be subject to the customs fees and import duties of the country to which your order is shipped to. So the courier will charge you any taxes or customs directly. As taxes and customs may also depend on product category as well as declared amount, we are not able to provide you with any further details. We would recommend you to consult your local Customs office, which will happily assist you with further information.
Our shipping fees are calculated by weight and volume, so by adding any item to the basket, the respective shipping fees are shown and the delivery option can be selected, once all items have been added to the basket.
7. PRODUCTS AVAILABILITY
Momodive offers a great range of items, most of them are in stock other have to be ordered on demand. So when selecting an item an estimated delivery date will be shown. If the item is in stock, you will find the information directly next to the estimated delivery date. The estimated delivery date is calculated by product availability and shipping time. So the estimated delivery date is calculated by our experience with each supplier and chosen courier. If you order several items in one order, the estimated delivery date will be calculated by availability of all of them. The estimated delivery date is calculated as per availability of all items from your order. The taken time from dispatch to delivery depends on the courier service you select at the checkout. The estimated delivery date is only a reference, as it is determined to product availability, courier’s availability, as well as payment.
In case that Momodive has to withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If Momodive can offer any similar item, you will directly receive the proposal which you can accept or if not, cancel the item/order for a refund of the product price paid.
Momodive offers several payment methods. Our main payment methods are PayPal.
Please keep in mind that offered payment methods may vary by the country of destination. Once all items have been added to the basket and you already selected the courier, all available payment methods for your destination country will be shown.
For online payments made by credit card, the 'Secure Socket Layer' (SSL) security system is used, which allows encrypting your banking information when on the network.
When placing an order, you can choose your delivery option once all items have been added to the basket. Momodive will ship your order to the address you provided when placing your order. To ensure the safe delivery of your parcel, the courier company needs a signature to confirm successful delivery. If there is nobody to receive the parcel, the driver will attempt a new delivery, deposit your parcel at a neighbor or take your parcel to be securely held at the local Post Office or Depot. In case your parcel could not be delivered due to any reason, such as incorrect address, wrong delivery details, refuse of the parcel, etc., it will normally be returned directly to us. Please keep in mind we can only refund your paid product price, once the parcel has arrived back at our warehouse and any item could be verified. You will receive the refund of the paid product price by the same payment method you used when placing the order. Any paid shipping fees cannot be refunded.
As an official dealer of each brand Momodive sells, all our offered items are covered by a 1 years manufacturer´s warranty. We offer guarantee service by collecting the affected item/s at our cost and resend them to the manufacturer as well as process all further handling. If a fabrication defect is recognized by the manufacturer, all the generated shipment costs, both for the return shipment as for the shipment of the replaced or repaired item, are at our expense. We reserve the right to refuse the exchange of an item in case the returned item doesn´t arrive in the conditions indicated in our returns policy. So once we receive any answer regarding your case, we will be able to act immediately as indicated by the brand. You will be informed directly by us if the guarantee has been accepted and if so, if the manufacturer will repair or replace the item.
11. RETURNS AND RIGHT OF WITHDRAWAL
Momodive gives you the right to return your purchased item/s without having to give a reason, at any time within 30 days beginning on the day after you received the goods. You can return any item within 30 days, as long as the item/s is/are in perfect conditions (unused, with labels, in original packaging). Please keep in mind, that any customized items (as for example: Drysuit, Wing etc.) cannot be returned or exchanged.
Please find all further information here: Returns.
You have the right to revoke from the contract without the need to provide any reason. All items must be unworn and in their original condition. The revocation period is 14 days from the date you received your order. In order to exercise your revocation right, you must inform us by using the return form by means of a clear declaration of your revocation of this purchase.
To Momodive, Via A. Bianchi 48 25124 Brescia (BS) Italy, or through our Returns page.
Model of withdrawal form:
I, __________________________________________________________ hereby give you notice that I withdraw from my contract of sale ______________________ of the following goods ___________________________________________________ Ordered on __/__/__/ / Received on __/__/__/ Name of consumer(s) __________________________________________________ Address of consumer(s) ____________________________________________ Date __/__/__/
12. REVIEWS AND COMMENTS
We encourage you to leave reviews, comments and product questions on our websites. We regularly monitor this content and we reserve the right to remove, reject or edit it at any time. When submitting information to our websites as a review, product question or customer comment you understand that what you have submitted is not copyright protected and you are permitting its appearance on our websites.
Events outside of our control - we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Please see our Contact page for details of how to get in touch with us.
14. PROTECTION OF PERSONAL DATA AND COMMENTS
The personal data that you must give are essential to us in order for us to be able to send the orders and drafting the bills. The absence of this information will result in an automatic cancellation of the orders. By entering the page, the customer agrees to provide valid personal data, data that allows Momodive to offer their service and identify their registered customer, as well as sending information and advertisement of various products and offers that Momodive may have on his website.
All of the comments that are written by our customers are verified. If the comment violates any law, ethics or morality (abusive publicity, defamation, insults, comments out of context, etc.), Momodive reserves the right to reject or modify such opinions.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
All content of the online shops of Momodive (Illustrations, texts, descriptions, own brands, images, videos …) is property of Momodive. The third-party trademarks are property of their owners. Any partial and total reproduction of the content by any processes and by any medium are subjected to prior and express authorization to Momodive or any right holders.
Momodive is not responsible for the misuse of our website contents, the responsibility is exclusively for the user who accesses them or uses them.
Momodive declines all responsibility of any disputes arising from the exchange of information between users through our websites. The responsibility of publishing data and information through their websites is in any case for those who published them.
We are happy for you to link to our website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our websites, you must do so without delay.
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
17. AMENDMENT TO THE TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new Terms and Conditions.
18. GOVERNED LAW
These Terms and Conditions and your use of the websites shall be governed by and construed in accordance with Italian law. You submit to the exclusive jurisdiction of the Italian courts to settle any dispute which may arise under these Terms and Conditions. Link to the platform of the European Commission, according to Regulation on consumer ODR.