Terms & Conditions

ARTICLE 1: INTRODUCTION

 

This document (together with the documents referred to therein) contains the conditions that regulate the use of this website ( www.wiji.surf ) and the purchase of the items contained therein (hereinafter the “Conditions”).

Please read these Terms, the “ Privacy Policy ” and the “ Refund Policy ” carefully before using this website. Please be advised that by using this website or placing an order through it, you agree to be bound by these Terms and the “ Privacy Policy ”, so if you do not agree to all of these Terms and the “ Privacy Policy ”, please do not use this website.

For any request, doubt or question regarding the Conditions and the “ Privacy Policy ”, you can contact us through the customer service channels indicated in the “Contact Us” section of our website.

The Agreement (as defined below) may be executed, at your option, in any of the languages ​​in which the Terms are available on this website. In the event of uncertainty as to the interpretation of any part of this Agreement, the version drafted in the Italian language shall prevail over any other translated versions.

ARTICLE 2: OUR DATA

 

The sale of products through this site is managed by

MA MA SRL
Registered Office: VIA CAROLINA ROMANI 2
20091, BRESSO (MI)
VAT:IT03884960968 ,

email address info@wiji.surf , contact details available in the "footer" section and under "Contact us" on this website www.wiji.surf

ARTICLE 3: YOUR DATA AND YOUR ACCESS TO OUR WEBSITE

 

The information or personal data provided by the user will be processed in accordance with the “ Privacy Policy ”. By using the website, you authorize us to process such information and personal data and you declare that all information and/or personal data provided to us are accurate and truthful.

ARTICLE 4: USE OF OUR WEBSITE

 

By using this website and/or placing orders through it, you agree to:

(i) use the website only to make legally valid inquiries or orders;

(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the relevant authorities;

(iii) provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. Likewise, you consent to our use of this information to contact you (if necessary, please see the “ Privacy Policy ”).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

ARTICLE 5: AVAILABILITY OF THE SERVICE

 

The items offered through this website are available for delivery worldwide (with the exception of San Marino, Livigno, Campione d'Italia and the waters of Lake Lugano as regards the Italian territory).

Any impossibility of delivery in a certain geographical area will be immediately notified to the customer with an email following the Order Confirmation email (“Order ##### confirmed”) and the customer will be reimbursed for the entire amount paid through the same payment system used during the purchase phase.

ARTICLE 6: METHODS OF PERFECTION OF THE CONTRACT

The information in these Conditions and the details contained on this website do not constitute an offer to the public, but rather a mere invitation to make a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be refunded to you in full.

To place an order, you will have to follow the online purchasing procedure and click on "Pay now." You will then receive an email confirming receipt of your order (“Order ##### Confirmed”). Please note that this does not constitute acceptance of your order as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our approval, of which you will be informed by an email confirming that your order is being shipped (“A shipment from order ##### is on its way”). The details of your order will be summarised in the electronic receipt attached to the Shipping Confirmation (“A shipment from order ##### is on its way”). The contract for the purchase of a product between us and you (the “Contract”) will only be formed when we send you the Dispatch Confirmation (“A shipment from order ##### is on its way”), except in the case of the purchase of a booking for our Workshops, for which we will not send you a Dispatch Confirmation and for which the purchase contract will be formed when we send you an email confirming receipt of your order (“Order ##### confirmed”).

The Contract will only cover those products listed in the Shipping Confirmation (“A shipment from order ##### is on its way”), except where you have purchased a booking for our activities/workshops. We will not be obliged to supply you with any other products which have not been ordered until we have confirmed in the Shipping Confirmation (“A shipment from order ##### is on its way”) that such products have been dispatched, except where you have purchased a booking for our activities/workshops.

ARTICLE 7: AVAILABILITY OF PRODUCTS

All orders for products are subject to availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information regarding substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund all amounts you may have already paid.

ARTICLE 8: REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any materials or content on this website. Although we will always make every effort to process all orders, there may be exceptional circumstances which require us to refuse to process orders after we have sent you an Order Confirmation (“Order ##### Confirmed”), and we reserve the right to do so at any time.

We will not be liable to you or any third party for removing any product from this website, for deleting or modifying any materials or content on the website, or for failing to process your order after we have sent you an Order Confirmation (“Order Confirmed”).

ARTICLE 9: DELIVERY

Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation (“A shipment from order ##### is on its way”) by the date indicated in such Shipping Confirmation (“A shipment from order ##### is on its way”) or, if no delivery date is specified, within the time frame estimated at the time of selection of the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation (“Order ##### confirmed”).

However, delays may occur for various reasons such as product customization, unforeseen circumstances or delivery area.

As for the virtual gift card, it will be sent by the date you indicated when placing the order.

If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options of continuing your purchase by setting a new delivery date, or cancelling your order and receiving a full refund. Please note that we do not deliver to your home on Saturdays and Sundays, with the exception of the virtual gift card which will be delivered on the date you specify.

For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the order “delivered” through the acquisition, by you or a third party indicated by you, of the material availability or in any case of control of the products, which shall be proven by signing the order receipt at the agreed shipping address.

The virtual gift card will be deemed to have been delivered as indicated in the Conditions of Use of the gift card and, in any case, at the time of sending it to the email address indicated by you.

9.1. Immediate Delivery

There is no local pickup option for orders.

9.2 Failure to deliver

If we are unable to deliver your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery.

ARTICLE 10: PRE-ORDERS AND MIXED ORDERS

Through this website, where applicable, you can pre-order certain products, to which all of these “Terms and Conditions” apply. We inform you that, in general, the estimated delivery time of your pre-order may be subject to longer delivery terms than for a simple order, but always, in any case, in compliance with the maximum term of 30 days from the date of Order Confirmation (“Confirmed Order #####”).

The order containing both items and products related to a pre-order (''Mixed Orders'') may be delivered in multiple solutions, therefore you may receive the products referred to in the Mixed Orders separately and in distinct periods, for which you will receive individual Shipping Confirmations (“A shipment from order ##### is on its way”). Please note that in the event of a return, the term granted to you starts from the physical acquisition of each product, taking into account the relative Shipping Confirmation (“A shipment from order ##### is on its way”), as regulated in article 15.1.

If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be considered terminated. As a result of the termination of the Contract, we will refund you all amounts paid by you, including delivery costs (with the exclusion of any additional costs resulting from your choice of a delivery method other than the ordinary method offered by us) without undue delay and, in any case, within 14 days from the date of termination of the Contract.

Please note that transportation resulting from the termination of the contract may have additional costs which will be at your expense.

This Article does not apply to the virtual gift card, the delivery of which is governed by the provisions of the Conditions of Use of the gift card and in the previous Article 9.

ARTICLE 11: TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks relating to the products will pass to you from the moment of their delivery.

You will acquire ownership of the products as soon as we have received full payment of all sums due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), if this occurs at a later time.

ARTICLE 12: PRICE AND PAYMENT

12.1. Price

The price of the products will be as quoted on our website from time to time, except in the case of obvious error. Although we make every effort to ensure that all prices appearing on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.

We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have already sent you a Shipping Confirmation (“Order ##### confirmed”) if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an incorrect pricing error.

The prices on the website include VAT, but exclude shipping costs, which are to be added to the total amount to be paid, as indicated in our “Buying Guide - Shipping Costs”.

Prices may change at any time; however (except as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation (“Order Confirmed”).

Once you have selected the items you wish to purchase, those items will be added to your shopping cart and the next step will be to complete your order and make payment. To do so, you will need to follow the purchasing instructions, entering or verifying the information requested at each step of the purchasing process, requesting an invoice, if desired, as indicated in our Purchasing Guide. You may also modify the details of your order at any time during the purchasing process before payment. You can find a detailed description of the purchasing process in the Purchasing Guide. Additionally, if you are a registered user, a list of all your orders will be available in the “My account” section.

12.2 Payment

You can pay with Visa, Mastercard, American Express credit cards and via PayPal, Apple Pay, Google Pay, Shop Pay. You can also pay the entire purchase amount in full or in part using a WIJI digital gift card issued by MA MA SRL

To reduce the risk of unauthorized access, your card details will be encrypted. We may pre-authorize your credit card once we receive your order to ensure that you have sufficient funds to complete the transaction.

If the chosen payment method is PayPal, the charge will be made when the order is confirmed.

We inform you that payments made through this online platform, as well as, if applicable, refunds in your favor, will be managed by

MA MA SRL
Registered Office: VIA CAROLINA ROMANI 2
20091, BRESSO (MI)
VAT:IT03884960968 ,

By clicking "Pay Now" you confirm that the credit card is yours or that you are the legal owner of the gift card.

Credit cards will be subject to verification and authorisation by the card issuer, but if such entity does not authorise payment, we will not be liable for any delay or failure to deliver and we will not be able to enter into any Contract with you.

ARTICLE 13: PURCHASE AS A GUEST

On this site, the function of purchasing products as a guest is also available. With this purchasing method, you will be asked only for the data that is essential to process your order. Upon completion of the purchasing process, you may be offered the option of registering as a user or continuing as an unregistered user.

ARTICLE 14: VAT (VALUE ADDED TAX)

In accordance with the legislation in force, each purchase made through the website will be subject to Value Added Tax (VAT).

ARTICLE 15: RETURN/EXCHANGE POLICY

15.1 Right of withdrawal by law

Right of withdrawal

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without having to provide any reason.

The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order or Mixed Orders and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.

To exercise the right of withdrawal, you must inform us by writing to MA MA SRL, by sending an email to info@wiji .surf or through the chat on our website, of your decision to withdraw from the Contract by means of an explicit declaration (for example, a letter sent by post or email). For this purpose, you may use the attached model withdrawal form, but it is not obligatory.

To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from the Contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the Contract. Such reimbursements will be made using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. Without prejudice to the foregoing, reimbursement may be withheld until we have received the goods back or until you have demonstrated that you have sent back the goods, whichever is the earliest.

You are requested to send back the goods or hand them over to us at MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) , without undue delay and, in any case, within 14 days from the day on which you communicated your withdrawal from the Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Except in the case of return to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) or via a courier organized by us, the direct costs of returning the goods will be at your expense. You are only responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

15.2 Conventional right of withdrawal

In addition to the right of withdrawal recognized by law to consumers and users referred to in the previous article 15.1), we will grant you a term of 30 days starting from the date of receipt of the Shipping Confirmation (“A shipment from order ##### is on its way”) to return the products (with the exception of the products indicated in the following article 15.3, for which the right of withdrawal is excluded). The return of the gift card is governed by the Conditions of Use of the gift card.

If you return the products within the deadline for exercising the conventional right of withdrawal but after the deadline for exercising the legal right of withdrawal, you will be refunded only the amount paid for such products. Except in the case of return to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) , the direct costs of returning the goods will be at your expense.

You may exercise your right of withdrawal in accordance with the provisions of the previous article 15.1, it being understood that if you inform us of your intention to withdraw from the Contract after the deadline for exercising the right of withdrawal by law, you must, in any case, deliver the goods to us within 30 days from the date of receipt of the Shipping Confirmation.

15.3 Common provisions

You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:

1. Personalized items.

2. Music CDs/DVDs, without the original packaging.

3. Sealed goods that are not suitable for return for hygiene reasons and have been opened after delivery.

4. Food and drinks open.

Your right to withdraw from the Contract will apply exclusively to those products returned in the same conditions in which you received them. We remind you that in the event of a return, you are responsible for the contents of the package being returned. No refund will be made, regardless of the return options you have chosen, if: i) the package received contains an incorrect item and/or different from the product ordered or to be returned, ii) the product has been used beyond simple opening and iii) the products are not in the same conditions in which they were delivered or if they have been damaged: we therefore invite you to pay attention when returning the product and to take care of the products while they are in your possession and availability. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products.

You can return the product to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) or by delivering it to a shipper/courier that we will send to your home, as better specified below. None of these return methods will entail any additional costs for you. In the case referred to in the previous letter i), that is, in the event of an error in the content of the package returned by you, we will be authorized to charge you the transport costs in the event that it is possible to manage and return the package received to your attention.

(a) Returns to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI)

You can return the product to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) . In this case, you will have to go to the store in person and deliver the item together with the electronic receipt that you will have received together with the Shipping Confirmation and that you will also find available in the "My Account" section of the website www.wiji.surf . You can present the electronic receipt either in digital format via the screen on your phone or in paper format.

(b) Returns via forwarder / courier

You will need to contact us using the return request form so that we can arrange collection from your home address. You will need to return the product in the packaging and parcel in which you received it, following the instructions in the " Refund Policy " section of this website. If you purchased the products as a guest, you can request collection by courier by contacting us at info@wiji.surf

If you prefer not to use the free options available to return the products, the return costs and risks associated with the transport you have chosen will be at your expense without any responsibility or obligation in this regard on the part of MA MA SRL. In this case, you must return the product together with a copy of the Shipping Confirmation. Please note that if you decide to return the products with the "cash on delivery" method, we will be authorized to charge you the related costs.

After assessing the condition of the item, we will inform you whether you are entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the deadline and all products included in the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which you notified us of your intention to withdraw from the Contract. Without prejudice to the foregoing, the refund may be suspended until we receive the goods or until you demonstrate that you have sent the goods back, whichever is earlier. The refund will always be made using the payment method used to make the purchase, except in the case where the gift receipt was used by the recipient of the product you purchased.

You will be responsible for the costs and risks of returning the products, as indicated above.

If you have any questions, you can contact us through the customer service channels indicated in the "Contact Us" section of our website or by contacting us by email at info@wiji.surf

15.4 Size change

Without prejudice to the provisions of the previous paragraphs, once you have received the item, if you wish to change the size of the purchased product, you may request a size change without additional delivery costs for the new product, provided that you return the original item in the same condition in which it was delivered, free of damage and within the terms established in these Conditions. You may request a size change through the customer service channels indicated in the "Contact Us" section of our website or by contacting us by email at info@wiji.surf . You must indicate the new size of the previously purchased product and provided that i) it is the same product, ii) the price of the product on the site is equal to or greater than the price initially paid (please note that only in this case you will not be charged new costs for the selected product).

After requesting the size change and indicating the return method, you must return the original item to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) , or if you have requested it, via the courier that we will send to your home. You must return the item without unjustified delay and in any case within 14 days of sending the request via the website. Neither of the two return options will entail additional costs for you.

If you have chosen to return the product to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) , together with the item, please also present the electronic receipt that you received with the original product. If you have chosen to make the return via the courier organized by us, you will have to return the item in the packaging and parcel in which you received it, following the instructions in the " Refund Policy " section of the website.

After choosing the return method, we will send you the new size of the item within 3-4 working days from the date of the exchange request, and in any case within a maximum of 30 days from the date of the request. The size exchange option will not entail any additional costs for you. The new item, in any case, will be governed by these " Terms and Conditions ", including the right of withdrawal.

Please note that if within 14 days of requesting a size change you have not returned or delivered – to the courier organized by us – the original item, we will be authorized to charge you the costs of the new product, according to these “ Terms and Conditions ”.

15.5 Return of defective or non-compliant products

In the event that you believe that at the time of delivery the product does not appear to be compliant with the provisions of the Contract, you must immediately contact us by email at info@wiji.surf or through our customer service channels indicated on our website, indicating the product data as well as the damage suffered, and we will inform you of the procedure to follow.

To allow us to verify the item, you must return it to the address indicated in the electronic document received by email together with the Shipping Confirmation or, alternatively, go to MA MA SRL, Via Carolina Romani 2 , 20091, BRESSO (MI) . We will carefully examine the returned product and will communicate to you within a reasonable time the outcome of the checks carried out on the item.

In the event of a lack of conformity of the goods, we will offer you the replacement of the product or the refund (as the case may be), unless you request otherwise, provided that this is objectively possible and/or not excessively onerous for us in accordance with the applicable legislation. The refund of the sums or the replacement of the item will be carried out as soon as possible and, in any case, within 14 days from the date on which we confirmed to you that we will proceed with the refund or replacement of the unsuitable item, without any costs to you.

The amount paid for products that will be returned due to damage or defect, if actually existing, will be refunded in full, including the delivery costs incurred for sending the item and for the return by you. The refund will be made via the payment method used to make the purchase, unless otherwise agreed.

All rights recognized to consumers by current legislation remain intact.

15.6 Right of withdrawal and return of orders placed from abroad

If you have placed an order outside of Italy, through this website, the provisions contained in articles 15.1, 15.2, 15.3 and 15.4 will be applicable, with the exception of the provision relating to the courier appointed by us, applicable only in the event that the collection is made in Italy.

We invite you to read our “ Refund Policy ” regarding shipping or return costs for sending products to or from destinations outside of Italy.

ARTICLE 16: CUSTOM ITEMS

For any personalized items (for example, by applying texts or embroidery), no returns or exchanges will be possible. The user guarantees that he/she is authorized to use the texts and other elements that are part of the customization of the products requested. Although we reserve the right to deny the customization or cancel orders of personalized products for failure to comply with the conditions herein, the user will be solely responsible for the requested customization. We may deny the customization or cancel orders of personalized products if such customization consists of or includes inappropriate elements, third-party property or in any other way illegal. We assume no responsibility or obligation to verify the texts or other elements that are part of the customization created by users of this service. We do not guarantee the legitimacy of such texts or other elements and, consequently, we assume no responsibility for any damage that may be caused by users and/or third parties - whether private or public entities

ARTICLE 17: LEGAL GUARANTEE

The products sold through this website are covered by the mandatory legal guarantee provided by law in favor of consumers, to cover any defects of conformity existing at the time of delivery of the goods.

The legal guarantee covers any lack of conformity of the goods that may become apparent within two years of their delivery, provided that they are reported within two months of discovering the lack of conformity.

Pursuant to applicable law, a lack of conformity exists if the product purchased by you (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which products are normally intended; (iii) does not have the qualities and characteristics of a product of the same type and that can reasonably be expected, taking into account the nature of the goods and, where applicable, the specific characteristics presented. To the extent permitted by law, we exclude all additional and derogable guarantees, except those that cannot be legitimately excluded with respect to consumers and users.

In the event of a lack of conformity, you have the right to have the goods brought into conformity, without any costs to you.

If you believe that one or more products purchased have defects of conformity, we invite you to contact us at the references indicated on our website.

ARTICLE 18: RESPONSIBILITY AND EXEMPTION FROM LIABILITY

Except as otherwise provided in these Terms, our liability in respect of products purchased on our website will be limited solely to the purchase price of the product in question.

Without prejudice to the above, our liability is neither excluded nor limited in the following cases:

1. Cases of death or personal injury resulting from our negligence;

2. Cases of fraud or fraudulent activity; or

3. Any circumstances in which it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Terms, we will not accept any liability for indirect damages, such as:

• loss of profit;
• loss of turnover;
• loss of profits or loss of contracts;
• loss of expected savings;
• data loss; as well as
• waste of office administration time.

Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless expressly stated otherwise.

These provisions do not in any way limit the rights recognized to consumers by current legislation.

ARTICLE 19: INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of the website are owned by us or our licensors. You may only use such material in the manner in which you receive express permission from us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

ARTICLE 20: VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACK

You must avoid any misuse of this site and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you are not authorized, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to carry out DoS attacks against this website.

Failure to comply with this clause may result in violations defined by the relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn.

To the fullest extent permitted by applicable law and in compliance with the fundamental rights of consumers, we decline all liability for any damage or loss resulting from a DoS attack, virus or other programs or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our website or the downloading of content from it or that redirect you to it.

ARTICLE 21: LINKS FROM OUR WEBSITE

Where our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility for any damage or loss arising from their use.

ARTICLE 22: WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you will be in writing. By using this website, you accept that most of the communications between you and us will be in electronic format. We will contact you by email or by providing you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not limit in any way your rights under applicable law.

ARTICLE 23: NOTIFICATIONS

All communications addressed to us should preferably be sent through the customer service channels indicated in the "Contact Us" section of our website. Except as specified in Article 22, we reserve the right to send you any communications by email or by post to the address provided to us when placing the order.

Notices will be deemed to have been received and properly served when posted on our website, 24 hours after an email is sent, or three days after the date of posting. In proving service of a notice, it will be sufficient to demonstrate, in the case of a letter, that it was properly addressed, stamped and delivered to the postal service and, in the case of an email, that it was sent to the recipient's email address.

ARTICLE 24: ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement between you and us is binding on both you and us, as well as on our respective successors and assigns.

You may not transfer or assign the Contract, or any of your rights or obligations under it, in any way without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of the Contract, or any of your rights or obligations under it, in any way at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposal of the Contract will not affect your rights as a consumer or in any way affect, reduce or limit any of the warranties or liabilities given by us, whether express or implied.

ARTICLE 25: FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").

Force Majeure Events means any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, the following:

1. Strikes, lockouts or other industrial action.

2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, war (declared or undeclared) or threats of war.

3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.

4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.

5. Inability to use public or private telecommunications networks.

6. Acts, decrees, laws, regulations, or restrictions of any government.

7. Any strike, disaster or accident involving shipping, post or other means of transport of any significance.

It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. We will be granted an extension of time to perform the Contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, we will endeavour to find a solution by which to comply with our contractual obligations.

ARTICLE 26: WAIVER

If we fail, during the performance of the Contract, to insist on strict performance of any of your obligations, or any of the obligations provided for in these “Terms and Conditions”, or again, we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these “Terms and Conditions”, this will not constitute a waiver of such rights or remedies and will not relieve you from fulfilling the related obligations.

Any tolerance on our part in the face of your non-compliance will not constitute a waiver of the right to react in the face of a subsequent non-compliance.

No waiver by you of any of your obligations under the Agreement or these “Terms and Conditions” will be effective unless communicated in writing, in accordance with the provisions of Articles 22 and 23 above.

ARTICLE 27: PARTIAL NULLITY

If any article of these “Terms and Conditions”, or part thereof, or any of the provisions of the Contract, should be deemed invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not having been inserted while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.

ARTICLE 28: INTEGRITY OF THE CONTRACT

These “Terms and Conditions”, as well as any document expressly referred to in them, represent the entire agreement between you and us relating to the subject matter of the Contract and supersede any previous agreement, understanding or arrangement between us, whether oral or written.

Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise given by the other party, or implied from anything said or written in negotiations prior to the Contract, but only on what is expressly stated in these Conditions.

Both you and we shall be entitled to remedy any untrue statement made by the other party, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the only remedies available to the other party will be for breach of the Contract as provided in these Conditions.

ARTICLE 29: RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to review and modify these Terms at any time.

You will be subject to the “Terms and Conditions” in effect at the time of your order, unless a change to the “Terms and Conditions” or the “ Privacy Policy ” is required by law or at the request of a government authority (in which case it will also apply to orders already placed with us).

ARTICLE 30: APPLICABLE LAW AND JURISDICTION

The use of our website and the purchase contracts for products through this website are governed by Italian law.

For any dispute arising from or relating to the use of the website or to such contracts, in the event of legal action, the Judge of the place of residence or domicile of the consumer will have jurisdiction.

If you are entering into the Contract as a consumer, this clause does not affect your statutory rights as a consumer.

ARTICLE 31: REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION WITH CONSUMERS (ODR)

For any comments, suggestions, requests for information or complaints, we invite you to contact us using the customer service channels indicated on our website. We also make official complaint forms available to consumers and users, which can be requested by email at info@wiji.surf . Our customer service will handle the requests and complaints received as quickly as possible and, in any case, in compliance with the legally established terms.

If as a consumer you believe that your rights have been infringed, you can address your complaints to us via the email address info@wiji.surf in order to request an extrajudicial resolution of disputes.

To this end and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial resolution of disputes relating to orders placed through this website through the European ODR (Online Dispute Resolution) platform. http://ec.europa.eu/consumers/odr made available by the European Commission for the extrajudicial resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.

ARTICLE 32: SMS MARKETING

By opting in to WIJI (MA MA SRL) SMS marketing at checkout and initiating a purchase or subscription through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile phone number is on any state or federal Do Not Call list. Frequency of messages varies. Opting in is not a condition of purchase.

If you wish to unsubscribe from receiving marketing text messages and notifications, please reply STOP to any mobile message sent by us or use the unsubscribe link we have provided within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or prompts, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messages imposed by your wireless provider. Message and data rates may apply.

For any questions, send a HELP message to the number you received the messages from. You can also contact us at info@wiji.surf for more information.

We have the right to change any phone number or short code that we use to operate the Service at any time. You will be notified of such changes. You agree that any messages you send to a phone number or short code that we have changed, including any requests to STOP or HELP, may not be received and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for any failure, delay, or misdelivery of any information sent through the Service, any errors in such information, and/or any actions you may or may not take in reliance on the information or the Service.

Your right to privacy is important to us. You can consult our Privacy Policy to determine how we collect and use your personal information.

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Last updated: 01/05/2023

MA MA SRL
Registered Office: VIA CAROLINA ROMANI 2
20091, BRESSO (MI)
VAT:IT03884960968

ATTACHED

Standard withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

MA MA SRL
Registered Office: VIA CAROLINA ROMANI 2
20091, BRESSO (MI)
VAT:IT03884960968

info@wiji.surf
infomama@legalmail.it