1. Warranty
MotoDirecta’s used motorcycles are supplied with a 12-month warranty, the agreed statutory period for second-hand goods sold by a professional under Article 120 of Spanish Royal Legislative Decree 1/2007. Before delivery, each motorcycle is checked at 50 points at a workshop we trust.
Exception — intermediary sale between private individuals: some vehicle pages expressly identify a managed private sale. The owner is the seller and the professional consumer warranty described above does not apply. MotoDirecta acts as intermediary and the motorcycle is still checked at a workshop we trust.
The warranty covers a lack of conformity that existed on delivery. It does not cover normal later wear, consumables unless their delivery condition differed from what was agreed, or damage caused by misuse, negligence or missing maintenance.
Report a covered fault to info@motodirecta.es. Time spent in a covered repair does not reduce the warranty period.
2. Distance and off-premises purchases
The customer has a 14-calendar-day withdrawal right to return the motorcycle without giving a reason (Articles 102 and following of the Spanish consumer law) when the purchase is:
- At a distance: concluded by telephone, WhatsApp, email or through the website, without both parties being physically present together. This also applies if the customer first came to our premises to see the motorcycle but the price and terms were agreed afterwards at a distance.
- Away from our premises: the contract is signed somewhere else with us present, for example at the customer’s home when we deliver the motorcycle.
Exception — intermediary sale between private individuals: where the vehicle page identifies a managed private sale (see section 1), the seller is the private owner and the purchase carries no withdrawal right, whether concluded at a distance, away from our premises or at them: the sale is final once signed.
The 14 days run from the day the customer, or a person they nominate other than the carrier, receives the motorcycle.
How to withdraw: notify us before the period ends by any means that leaves a record: by email to info@motodirecta.es, with the model form in section 4 or by post. A clear statement of the decision to withdraw is enough.
Returning the motorcycle: bring it, or arrange its transport, to our premises in Elche within 14 calendar days of the notice. If the contract was signed away from our premises and the motorcycle was delivered to the customer’s home at that time, we collect it at our expense.
What the customer pays: the direct costs of the return, namely the return transport and the change of ownership back to MotoDirecta. We estimate they amount to no more than €440: €250 for transport and €190 for the change of ownership. The contract states the maximum amount for each purchase before it is signed.
What we refund: everything paid, including the initial change of ownership, within 14 calendar days of the withdrawal notice, using the same payment method unless the customer agrees to another at no cost. Of home delivery, only the cost of the cheapest standard delivery option offered is refunded, which is free collection from our premises: if home delivery was chosen, its price is not refunded. We may withhold the refund until we have received the motorcycle or the customer has supplied evidence of having sent it back, whichever is earlier.
Condition of the motorcycle: the customer may establish its nature, characteristics and functioning as they would in a shop, and is only liable for a loss in value caused by handling beyond that, measured against the condition and mileage recorded in the delivery report. If we find such a loss, we will justify it in writing with a valuation and photographs of the motorcycle as received and may deduct it from the refund; if the customer disagrees, the undisputed part is refunded on time. Damage during return transport arranged by the customer remains the customer’s risk.
3. Purchases at the premises
A purchase inspected and completed at MotoDirecta’s premises does not carry a statutory change-of-mind withdrawal right, which the law reserves for distance and off-premises purchases. The same applies when the purchase is agreed at the premises (the customer has inspected the motorcycle, has been able to ask any questions and receives the price and all the terms in writing there) and the contract is then signed remotely or the motorcycle is delivered to the customer’s home: shipping is only the delivery method. If something essential that was agreed (price, extras, finance or delivery method) is then changed at a distance, the purchase becomes a distance purchase with the 14 days in section 2. The sale remains subject to the applicable 12-month warranty. Nor is there a withdrawal right in an intermediary sale between private individuals, however it is concluded (section 2). Customers should inspect the motorcycle and resolve questions before signing.
4. Model withdrawal form
To MotoDirecta (Elisabet García Martínez), Peña de las Águilas 1351, 03296 Elche (Alicante), Spain · info@motodirecta.es:
I hereby give notice that I withdraw from my contract for the purchase of the following motorcycle: __________________ (model, registration number and, if available, contract reference).
Delivery date: __________
Consumer’s name: __________________
Consumer’s address: __________________
Date: __________ · Signature (only for paper notices): __________
5. Complaints
Warranty or return complaints may be sent by post to the address in section 4, by telephone on +34 622 457 042 or by email to info@motodirecta.es. We issue a receipt with a complaint number and reply within 15 days. Official complaint forms are available free of charge on request.
MotoDirecta is not a member of any consumer alternative dispute resolution entity. If a complaint is not resolved, when we reply or within one month of submission at the latest, we will inform the customer of at least one competent entity and whether we will take part in the procedure.
