Terms and conditions of the service

Terms and conditions

This document contains the general terms and conditions of use of the website https://www.mojisurf.com and beyond clothing, accessories and sporting goods provided by the owner of the Application

1 . Definitions

To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and al
plural, will have the following meaning:

Holder: Niccolò Turchi, via 24 Maggio,1 , 53100 Siena, Tax Code TRCNCL96R05I726Z , VAT number 01572520524
Application: the Web site https://www.mojisurf.com
Products: material products, sold by the Owner
User: any person who accesses and uses the Application
Consumer User: the natural person of legal age who concludes a contract for purposes unrelated to his activity
entrepreneurial, commercial, artisanal or professional activity possibly carried out
Conditions : this contract which governs the relationship between the Owner and the Users and the sale of the Products oerted by the Owner
through the Application.

2 . Scope of the Terms

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the
Conditions and/or any other notes, legal notices, information published or referred to therein may not use the Application or the
related services.

The Conditions can be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a

Before using the Application, the User is required to read the Conditions carefully and to save or print them for future

The Owner reserves the right to vary the graphic interface of the Application, the
Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application,
communicating to the User, where necessary, the relative instructions.

3 . Purchase through the Application

Everyone the Products offered through the application I am described in manner detailed in related pages product (quality,
characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Natural persons can only make purchases on condition that they are of age. For minors, any purchase and/or
request for supply of Products through the Application must be examined and authorized by parents or operators
parental responsibility.
The offer of the Products through the application constitutes Invitation to offer And the order envoy by the User it will be worth Which proposal
purchase contract, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and/or reason.

The contract for the sale of the Products is understood to be concluded with the acceptance by the Owner of the contractual proposal
of the User. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and guarantee. The contract for the sale of the Products is not considered effective between the parties in default of what is indicated in the previous point. In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not.

It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the
Owner of any errors and will keep a copy of your order, the relative confirmation and the Conditions.

4 . Prices and Payments

The price is indicated for each Product inclusive of VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
In addition, any additional taxes or charges will be indicated and delivery costs which may vary in relation at the
destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change. The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.

The Application uses third party tools for payment processing and does not in any way come into contact with the data of
payment provided (credit card number, cardholder name, password, etc.).
Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be able to
be held responsible in any way.

5 . Billing

The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the
information provided by the User that he declares and guarantees to be true, releasing to the Owner all the more extensive information
indemnity in this regard.

6 . Methods of delivery of material Products

The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, with the
methods and within the term chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, i
delivery terms specified in the order confirmation indicate the period of time usually required to deliver the
Product from the moment of taking charge of the courier.

In the event that it is not possible to supply the Products requested, prompt notice will be given by e-mail to the User, with
an indication of when it is expected to be able to deliver them or the reasons which make the supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of
the amount paid which will be promptly credited in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as its integrity
of the packing. In the event that there are evident damages to the packaging and/or to the Product, the User may refuse delivery of the
Product and you can return it without any charge to you. Once the delivery document has been signed, the User will not be able to
make any objection regarding the external characteristics of the delivered Products.

The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the
failure to perform the contract due to force majeure.

7 . Users' right of withdrawal from the purchase of material Products
The Consumer User has the right to withdraw without any penalty and without specifying the reason within the term 14 days
effective from the date Of receipt of the Product, by the sending Of a communication written at the address e-mail
support@mojisurf.com using the optional withdrawal form referred to in the following article or any other written declaration.

In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the term of 14 days for
the exercise of the right of withdrawal starts from the day on which the last Product was received.

In the event of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract.

The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it. In the event of a correctly exercised withdrawal, the Owner will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his wish withdraw from the contract.

The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

Unless the Owner has offered to collect the Product himself, he may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Holder will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

8 . Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract for the sale or supply of the Products by the User is excluded in relation to:
- to the supply of Products whose price is linked to Guctuations in the financial market that the Owner is unable to control and which may occur during the withdrawal period
- to the supply of made-to-measure or clearly personalized Products
- to the supply of Products which are likely to deteriorate or expire rapidly. All Products fall into this category
- food (including beverages) whose characteristics are subject to alteration also as a result of storage
not appropriate
- to the supply of sealed Products that do not lend themselves to being returned for reasons of hygiene or related to the protection of the
health and were opened after delivery
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose
carrying out urgent repair or maintenance work.

If, on the occasion of this visit, the Owner or an appointed professional provides services other than those specifically requested by the User or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or goods additional to the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications to contracts concluded on the occasion of a public auction to the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of execution.

For further clarifications, contact the Data Controller at the e-mail address support@mojisurf.com or by calling customer service on +39 334 82 43 907.

9 . Optional form to exercise the right of withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address support@mojisurf.com before the withdrawal period has expired:

I hereby announce the withdrawal from the sales or supply contract relating to the following product __________
Order number:_______, Ordered on: _______
Name and Surname: _______ Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

10 . Guarantee of conformity of material Products for Consumer Users

Consumer Users are recognized the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all material Products sold through the Application, with the exception of the cases of exclusion provided for by article 128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address support@mojisurf.com or by calling customer service on +39 334 82 43 907.

The Owner will promptly reply and indicate to the Consumer User the procedure to follow.

For anything not covered by this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code on the subject of training, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages.

11 . Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their
adaptations are protected by copyright and trademark law. The Application may contain
also images, documents, logos and brands of third parties who have expressly authorized the Owner to publish them
in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.

12 . Warranty Disclaimer

The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not never interruptions or will be free of errors or it will be free of viruses or bugs.

The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational in any
moment or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Owner's will or due to force events

13 . Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions
connected to the use of the Internet beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract For causes to he Not imputable, having the user right only at the eventual return whole wheat of the price
paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, holder's name, password, etc.)

The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User who
are not a direct consequence of the violation of the contract by the Owner incorrect or unsuitable use of the Application by Users or third parties the issuance of incorrect documents or data 7scali due to errors relating to the data provided by the User, being this the latter is solely responsible for the correct insertion

In no event can the Owner be held responsible for a sum exceeding double the cost paid by the User.

14 . Major force

The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for
circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of his will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which force events occur

The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of the
own obligations despite the persistence of force majeure events.

15 . Linking to Third Party Sites

The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and,
therefore, it is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In
in these cases, the general conditions for the use of the site/application and for the use of the service will apply to the individual services
prepared by third parties, with respect to which the Owner assumes no responsibility.

16 . Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://www.mojisurf.com/blogs/supporto/informativa-sulla-privacy

17 . Applicable law and jurisdiction

The Conditions are subject to Italian law. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.

The application of the provisions to Consumer Users who do not have their habitual residence in Italy is reserved
possibly more favorable and mandatory provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communication of the same and the legal guarantee of conformity.

18 . Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up a
online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 05/21/2023

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