Terms and Conditions (online use)
GENERAL TERMS AND CONDITIONS

Top Surf S.r.l. (hereinafter, TOP SURF), is a company registered in Italy and with registered office in Via M. Malpighi n 1, 20129 Milano VAT IT10139760960.

TOP SURF retains exclusive property of the Website www.odokiteboarding.com, including its sub-domains. The Terms of Use must be considered together with the Privacy Policy.
TOP SURF provides an e-commerce service aimed at the commercialization and advertising of water sports articles (such as water sports equipments, clothing and accessories). By using the Service, you agree to the Terms and Conditions of TOP SURF. In case of disagreement with respect to any term or condition or subsequent amendments thereof, or in the event of dissatisfaction with the services offered by TOP SURF, your only possible solution is to immediately discontinue use of www.odokiteboarding.com. TOP SURF has the right but not the obligation, to strictly enforce the Terms of Use through, but not limited to, moderation of the community and judicial protection.
If you have any questions about these terms and conditions or the policies, please contact us at the following email address: info@top-surf.com.

 

1. Scope, definitions and interpretation

1.1 Scope

These Terms apply to the Services, as defined below, proposed by www.odokiteboarding.com. The e-commerce service is managed by Top Surf S.r.l., with registered office in Milan, as specified in the previous above.

1.2 Definitions

1.1 In addition to those that can be found in this Terms of Use, the following definitions shall apply:
Order Acceptance: Acceptance by TOP SURF of the Customer’s Order.
User Account: personal area reserved for each Member. It requires a password to access and contains personal information about the Member.
Article or Product: the product presented and sold through the Website, as defined below.
Customer: any member who order or purchase the products of Odo Kiteboarding through the Website.
Contents: (i) files that contain text, images, audio and/or video recordings, data and/or information organized in a database and any other file, document and/or information in any format that TOP SURF makes available through the Website, or the Services, including any content license granted by a third party; (ii) files that contain text, images, audio and/or video recordings, data and/or information organized in a database and any other file, document and/or information, in any format, is transmitted, copied, sent, made available by Members and/or Visitors of the Website and/or otherwise processed by the Members using the Services.
Fee: the sums owed by a Customer and due upon the Order Acceptance. TOP SURF only, and not the Customer, is entitled to establish the Charge relating to the Articles.
Personal data: any personal information about each Member, including name, address and telephone number, collected through the Website.
Contribution or Taxes: Any tax on sales, value added tax (VAT), taxes on goods and services, general taxes, which are due according to law by those who provide services of sale of clothing, accessories, textiles and any products/equipments, as well as any other tax on corporate income.
Member: any User who completes the registration process of a TOP SURF Account, as described in the “Register Account” section below. Each Member will be identified through a “user name”, chosen by the Member at the moment of registration and cannot be modified later.
Order: Request of a customer who expresses the desire to buy an Article on the Website.
Service: Services that TOP SURF offers through its Website, in order to sell and advertise products related to water sports articles (such as water sports equipments, clothing and accessories).
Website domain: https://www.odokiteboarding.com, including any subdomains, any URL or portions thereof.
Time of Acceptance of the Order: time period starting from the Order performed by a Customer, during which TOP SURF may decide at its sole discretion whether to confirm or reject the Order.
Transaction: payment or provision of consideration consisting of the Fee due to TOP SURF.
User: any natural or legal person who access the Website, regardless of whether they are Members of the community.

1.3 Interpretation

According to the context, the meaning of a term used in the singular form includes the plural, as a term used in the masculine form includes the feminine, and vice versa.

 

2. Website description

2.1 The Website and the Services

The Website and the Services include an online platform through which customers can order and purchase water sports articles (such as water sports equipments, clothing and accessories).
When browsing TOP SURF website, the colours of products may vary depending on a few factors of your display settings.
Pictures and images on TOP SURF website are for illustration purposes only. For an accurate description of any product and details of what is included with the product, please read the product description.
All products are subject to availability and so TOP SURF may not be able to supply your order. In unforeseen circumstances and with or without notice we may have to stop selling products through Odo Kiteboarding Shop Online either temporarily or permanently.
TOP SURF will not be liable for any losses you sustain as a result of updating or modifying our website.
TOP SURF has no control over the conduct of the Customers and other Users of the Website and disclaims any and all liability in this regard to the fullest extent permitted by law.
TOP SURF has no control over the customer’s ability to use the Products or the suitability of its use.

2.2 Public Website and private area.

The Website contains a public space and a private area accessible only to Members. The public area allows to display the products entered by TOP SURF. The private area is accessible only after the User authentication. Members can enter the private area by typing the password set during the registration process.
The private area allows Members to:

  • Create a nickname (User name) to be identified on the Website;
  • Access to personal information (see Privacy Policy);
  • Create and manage orders;
  • Manage methods of payments.

 

3. Registration and Account

The User Account is personal and cannot be transferred to third parties.
The Member agrees to maintain the confidentiality of the password of the User Account. The User Account and password are personal and cannot be shared, communicated or transferred to any other person or entity, except as required by law.
The Member acknowledges and agrees to be solely responsible for the use of the password and User Account. Member agrees to be solely responsible for all the consequences and obligations arising from the use of the password and its User Account by third parties.
The Member acknowledges and agrees that the Website may want to consider the use of the User Account, username or password as proof of use of the Website by the Member itself. All activities conducted on the Website by means of these items attributable to the member shall be considered as made by Members. All feedback, information, opinions and comments are specifically attributed to the Members.
Registering an account implies, in particular, the communication by the Users of a valid email address that will be used for communication between the Member and the Website, as well as a unique identifier for the User Account. All email communications sent from the Website to the Member are deemed as received by the Member, which is required to take full knowledge of them.
In order to register and to use the Services a User must be an adult (18 years old minimum) and therefore have the ability to enter into a binding contract. TOP SURF can never be held responsible in case of disclosure of personal information that are untrue.
Users agree to provide truthful and complete registration information; Users also commit to update its data in order to constantly guarantee their accuracy and completeness.
The person who is registered in the name and on behalf of an institution, shall possess all necessary authorization to accept these Terms on behalf of institution itself.
TOP SURF cannot be held responsible for incompleteness or falsity of the data declared by the Members.
TOP SURF reserves the right to suspend or close the Account of the Members without notice and for any reason whatsoever, including, without limitation and without limitation:

  • Breach of the Terms of Use or of TOP SURF policies (including privacy policy);
  • Inability to identify, verify or authenticate the Customer;
  • Issuing of false declarations;
  • Dissemination of confidential contents, illegal or offensive material (for example, pornography, defamation and dissemination of trade secrets, the publication of discriminatory contents, incitement to violence and racial hatred, religious or ethnic);
  • Violations of moral norms;
  • The use, copying or dissemination of intellectual property without payment or in the absence of express authorization by the entitled person;
  •  The spread of unsolicited commercial messages (so-colled spam).

TOP SURF (the company, its officers, directors, agents, or employees) cannot be held liable for any claims, demands and damages (actual and consequential) of any kind related to the closure of an Account.

 

4. Privacy

The User acknowledge and accept the Privacy Policy of TOP SURF available at https://www.iubenda.com/privacy-policy/41712201, as amended and updated from time to time; this Policy shall regulate the acquisition and use by TOP SURF of personal data of Users.

 

5. Items

5.1 The Items are the portion of the Website where the Articles are described; They can include text, documents and images that can be added at TOP SURF’s sole discretion.
5.2 Access, registration and consultation of the Website are free of charge.
The Customer understand and agree that, when choosing to conclude a Transaction with respect to any Product, an agreement with TOP SURF is concluded and agrees to accept any of the terms, conditions, rules and restrictions associated with the Product.

 

6. Orders

6.1 These Terms of Use shall be deemed approved by the Customer with the transmission of the Order, which is always received by TOP SURF with the clause “subject to order confirmation”.
TOP SURF can accept the Order by shipping the goods.
6.2 A necessary condition for the execution of the order is the completion of the payment process through the Website.
6.3 TOP SURF can confirm an Order request from a Customer by sending an email (Order Acknowledgement email): this contains details of the products ordered, the total cost of the order (including delivery) and an order number. It also constitutes the VAT receipt for products ordered.
6.4 TOP SURF reserves the right to process the Order fully or in part or in several occasions. In the event an Order not completely processed, TOP SURF will send via email a separate summary of the inventories of these remaining Orders which, unless an express request to the contrary is made, will be included in subsequent expeditions.
6.5 the Order must specify the Product code and the relative quantities. The minimum flow is stated in the item for each Product; Orders that do not correspond to them, or to their multiples, can be automatically adjusted without prior authorization of the Customer.
6.6 Customer can pay with all major credit and debit cards and we also accept PayPal payments.
TOP SURF will take payment from Customer card at the time the order is placed. Taking payment does
not mean TOP SURF have accepted Customer order and if for any reason TOP SURF is unable to accept Customer order, TOP SURF will provide the Customer with a full refund within 14 days.
Unless otherwise stated all prices shown at Odo Kiteboarding Shop Online are inclusive of VAT and other applicable taxes. The product prices shown do not include the delivery fee, which will be added to Customer total order price.
If TOP SURF discovers an error in pricing, it will inform the Customer as soon as possible and the Customer will then be given the option of cancelling or re-confirming the Order at the correct price.
If for any reason TOP SURF is unable to contact the Customer using the contact details provided, TOP SURF will treat the Order as cancelled and notify to the Customer by email. Any cancelled Orders will be refunded within 14 days of notice of the cancellation.

 

7. Terms of delivery

7.1 Any terms of delivery, however, and, when provided, will have an indicative value. TOP SURF disclaims all responsibility for delay in delivery and therefore shall not be deemed liable for any delay which is not based on its own willful misconduct or gross negligence. The failure to meet the terms of delivery does not entitle the Customer to claim compensation or to cancel Orders, unless, having regard to the normal tolerance, the Customer proof that the supply no longer has importance.
7.2 Except in the case of willful misconduct or gross negligence of TOP SURF any damages entitlement for late delivery of the products is expressly excluded.

 

8. Orders, shipment and packaging management

8.1 Shipments are made CPT.
8.2 The transfer of risks for the products takes place at the time of their delivery to the Carrier: consequently, the products travel at the risk and peril of the Customer.

 

9. Tax, Licenses and Certifications

TOP SURF does not pay taxes on behalf of the Users or Members of the Website. Users and Members are solely responsible for any taxes related to them and arising out of any contract. Depending on the circumstances, including the number of transactions conducted and the object of the Transaction, the law may require licenses or certifications. TOP SURF is not responsible for determining the series in which the User must be in possession of a license and/or a certificate for the use of the Services or the Website, or for the performance of a Transaction. TOP SURF makes no representations or warranties with respect to licensing or certification of its products.

 

10. TOP SURF Liability

10.1 Disclaimer of Warranties

The User acknowledges and agrees that the use of the Website or the Services provided therein are entirely at his own risk and responsibility. The Website and the Service provided therein are provided “as is” and “as available” without warranty and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of marketability and fitness for a particular purpose are expressly excluded to the fullest extent permitted by law, and to the same extent, TOP SURF disclaims any warranty of security, reliability, timeliness, accuracy and performance of the Website.
To the maximum extent permitted by law, TOP SURF disclaims any warranties for other services or goods received through or advertised on the Website.
To the maximum extent permitted by law, TOP SURF disclaims any liability with regard to the transmission of computer viruses or other harmful components in connection with the Website or the Service.

10.2 Limitations of Liability

In no case TOP SURF shall be liable for damages to third parties or to the contracting parties resulting from the use of the Website or the Service, or resulting from the contract intervened between the Customer and third parties. This exclusion of liability concerns, among others, direct, indirect, incidental, special, exemplary or consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury and fraud.
This limitation of liability shall also be extended to cases where TOP SURF is informed of the possibility of such damages.
The damage which the limitation of liability relates may arise from: the use or misuse of the Website or the Service, inability to use the Website or the Service or interruption, suspension, modification, alteration, or termination of the Website, the Service or the Account of members.
This limitation also applies in relation to the damage suffered by reason of other services or products received through advertising or in connection with the Website or the Service, or any links on the Website, as well as a result of information or advice received through or advertised in connection with the Website or the Service, or any links on the Website. These limits apply to the maximum extent permitted by law.

 

11. Identity informations

TOP SURF is not required to verify the exact identity of its Users and/or Members. TOP SURF cannot confirm the identity of each Member.

 

12. Content posted on or through the Website

12.1 Content Coming by Users

All Content posted on the Website, transmitted through, or linked from the Website, are the sole responsibility of the User which produced or published such Content. The User is solely responsible for any posted Content, email or material otherwise made available through the Website. The User understands that TOP SURF does not control and is not responsible for the Content made available through the Website, and that by using the Website, the User may be exposed to offensive, indecent, inaccurate, illegal or misleading contents.

12.2 Links to other Websites

The Website and Services may contain links to other websites or third-party resources. TOP SURF is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or the services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TOP SURF to such websites or resources or content, products or services available from such websites or resources. The User assumes sole responsibility and assumes all risk arising from the use of such websites or resources or the content, products or services on or available from such websites or resources.
TOP SURF is also not responsible for the privacy policies or practices of other websites. When a User or Member click on a link that points to another website, the Member or User is responsible for reading the privacy practices of that website.

12.3 User Authorization

Notwithstanding the foregoing, Users irrevocably authorize TOP SURF, and/or other Users to whom TOP SURF grant the faculties, to use the Content and each part of it, without restriction, worldwide, in perpetuity and in any case throughout the duration of legal protection as stated in every Country of the world.
By way of example only, the authorization also includes the right to:

  • Publish, broadcast, communicate to the public and making available to the public the content through the Website, so that they may access them at the time and place chosen individually, fully or partially, by any means and/or technology and with any mode (also interactive), currently known and/or developed in the future;
  • For the purposes of the above, reproduce and edit the Content in any way or form to meet the technological constraints imposed by the Website operation;
  • Allow other users of the Website to reproduce the contents in order to display them on their terminals using the Services and the Website.

The above rights are deemed to be non-exclusive and therefore the User is entitled to use the same content in every form and means.

12.4 User Statement

The Customer declares to have full and legitimate rights related to the Content (including but not limited to: copyright, image rights in general, trademark and other proprietary rights, protection of privacy, rights related to the portrait etc.) which proceeds to publish.
The User expressly declares that where he has not full ownership of the rights related to the content he published, it was specifically authorized to dispose of the contents from the owner of such rights and is therefore fully entitled to grant a permit to use the content as required in these Terms of Use.
The User agrees not to publish any content if such content and/or its use:

  • Is false, obscene, pornographic, defamatory, racist or includes violent, offensive or harassing information, or incites to commit crimes or is otherwise illegal in Italy or in the place in which the User uses the Services or the Website or pursuant to other applicable laws;
  • Violate the rules on processing of personal data or concerning the protection of trade secrets and confidential information;
  • It requires a permission, rights or any legal requirements that the User does not have;
  • Infringes any patent, trademark, copyright or other rights of third parties;
  • Contains software viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network device or the Services or the Website themselves;
  • Is in any way harmful to TOP SURF S.r.l., for Members, for Users or third parties.

The User guarantee the good quality of the content that proceed to Publish and the adequacy of the same purposes for which they are intended.

 

13. Withdrawal right

13.1 Terms

The Customer has the right to withdraw from the purchase within 14 days from the date of receipt of the Product, without incurring in any penalty and without obligation to give reasons.
The period of 14 days, in accordance with the law, takes effect from the day of receipt of the Products purchased online. If the Customer has made multiple purchases with a single Order, and these have been delivered separately, the period shall run from the date of receipt of the last Product.

13.2 Operating Modes

Customers wishing to exercise the right of withdrawal must give notice within the period referred to in Paragraph 13.1 through explicit declaration, sent by mail (delivery receipt required) at the following address:

TOP SURF S.r.l. – Via D. Bussola n 9, 20143 Milano, Italy.

The communication issued by the Customer to exercises the right of withdrawal may consist of any explicit statement by which the decision to terminate the contract is clearly states, or, alternatively, corresponding to the following model form:

“WITHDRAWAL FORM
TOP SURF S.r.l.,
Ph. number: +39.02.222.292.25
e-mail: info@top-surf.com

The undersigned hereby declares and notifies the will to immediately terminate the contract of sale of the following products:
Order date ____ and number _____.
Product received on _______
Customer name: ___________
Customer address: _____________
Date: ___________
______________ (Customer Signature)”

13.3 Product Delivery

In case the right of withdrawal is exercised, the Customer must return the Products and deliver them to TOP SURF, or a third party authorized by TOP SURF to receive the goods, without delay and in any case within 14 (fourteen) days from the date of the withdrawal communication. The deadline is met if the customer has sent back the products before the expiration of the period of 14 (fourteen) days.
The Customer shall bear only the direct cost of returning the products.
The product for which it recedes must be returned to

TOP SURF S.r.l.
Via D. Bussola n 9, 20143 Milano, Italy

The Product must be returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories) and the invoice/tax document shall be attached.
TOP SURF S.r.l. can only accept courier and postal deliveries at this address please note that TOP SURF S.r.l. cannot accept items delivered by hand.
Please note that if goods are not returned in the condition in which you received them, TOP SURF S.r.l. reserve the right to refuse such returns.

13.4 Repayment

Without prejudice to the right to verify compliance with the above, TOP SURF will refund the amount of products covered by the withdrawal within a maximum period of 14 days, including any shipping costs.
Under Article. 56, paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, TOP SURF reserves the right to suspend redemption until receipt of the Product.
TOP SURF shall perform reimbursement using the same means of payment used by the Customer during the purchase. In the case of payment by bank transfer the customer must provide TOP SURF, at the time of the declaration of its intention to invoke the right of withdrawal, with the bank details: IBAN, SWIFT and BIC.

 

14. Terms amendments

TOP SURF reserves the right, in its sole discretion, to modify the Website or the Services, or to change these Terms of Use, including rates or fees of the Services or Products at any time without prior notification. In the event of changes to these Terms, they will be published on the Website. It will also update the “last updated” at the end of these Terms. By continuing to access or use the Website or the Services from the date of the publication of a modification of the Website or from the notification of a change, you agree to be bound by those Terms as modified. If those changes deemed unacceptable, the only recourse will be to cease using the Website.

 

15. Commercial and Intellectual Property Rights

Notwithstanding the provisions of TOP SURF’s Privacy Policy, any Content transmitted to the Website by users, or by electronic mail or other means, for whatever reason, will be treated as non-confidential and non-proprietary. In the event that the users own all rights to such communications or Content, they shall accord explicitly TOP SURF and its appointed concessionaire a non-exclusive license, with the perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and or use such material for any purpose, regardless of the form or means (currently known or not currently known) in which it is used.
The Users are required to abstain from posting any confidential information on the Website or content protected as intellectual or industrial property, unless otherwise agreed in writing.
TOP SURF respects the intellectual property of others, and requires the same respect to its Users. If a User of the Website considers its intellectual or industrial property rights have been violated by a publication on the Website by another Member or User, the User, within 48 hours of discovery of the violation, must immediately send written notice to TOP SURF.
To be effective, the notification must include:

  • The physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • The identification of the copyrighted content that is allegedly infringed;
  • All reasonably sufficient information to permit us to contact the complaining party, including address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
  • A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner or the law;
  • A statement in which the complaining party certify that the information in the notification are accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Resolution 668/2010 AGCOM on the protection of copyright on the web, the designated agent for notices of claims of copyright infringement can be reached as follows. Agent designated for the alleged violation:

TOP SURF S.r.l.,
info@top-surf.com

The Users agree that upon receipt of a notice of copyright infringement complaints, TOP SURF may immediately remove the identified materials from the Website without any liability towards Users or third parties.

 

16. Indemnity

The User and/or Member of the Website you agree to defend, indemnify and hold TOP SURF and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, resulting from, or in any way related to:

  • User/member access to or use of the Website, Services or Content or any violation of these Terms;
  • The processed contents, transmitted, copied, sent, made available by the Members;
  • Any of the following actions performed by the User: a) interaction with any Member, b) the Order of a Product; c) the use, condition or rent of an Article, including, without limitation, any injury, loss or damage of any kind arising in connection with, or as a result of, the transport or use of a Product.

TOP SURF reserves the right, in its sole discretion, to organize the defense with counsel of its choice, against all legal claims, lawsuits or other requiring financial compensation carried out by the User or Member, without the User or Member objecting or claiming anything.

 

17. Relationship between the parties

TOP SURF, Users or Members are independent parties, each acting on its behalf and for their own purposes. These Terms of Use do not create any subordination, agency, representation, partnership, mediation, employment or franchise between TOP SURF and any User or Member of the Website.
None of the clauses contained in the Terms of Use, or in TOP SURF’s policies, or of any other material can be considered to be intended to constitute, create, or otherwise give effect to recognize a company, agency, joint venture or a business entity of any kind, or to create a fiduciary relationship between the parties. The rights and obligations of the TOP SURF, Members and Users shall be limited to those expressly set forth herein.

 

18. Governing law – Jurisdiction

These General Terms and Conditions are governed, construed, and enforced in accordance with the laws of the Republic of Italy. In the event you have a complaint regarding a product or service purchased from Odo Kiteboarding Shop On Line, please contact us at info@top-surf.com. If your complaint is regarding products purchased from odokiteboarding.com and you are not satisfied with the resolution we have provided, the EU Online Dispute Resolution Platform is available at http://ec.europa.eu/consumers/odr/. Any dispute between the parties in any way relating to the validity, interpretation, execution and termination of this Agreement that cannot be resolved, shall be brought and venued exclusively in Milan.

 

19. Additional terms

TOP SURF is not responsible for the relationships created between the Members/Users.
The headings of the clauses of the Terms carry out a descriptive function and do not influence their interpretation.

The User agrees that the rights and obligations under these Terms of Use, as well as any other document incorporated therein by reference, may be freely and lawfully transferred from TOP SURF to third parties in the event of a merger or acquisition, or any other event.
In any case, through the Website, Users undertake to comply with all national and international laws and all the regulations currently in force for the use of TOP SURF’s Services based on the activities carried out on the Website by the Users themselves. In addition, Users expressly acknowledge and agree that the use of the Website may be qualified as a professional activity according to law. As a company, Users are subject to certain specific obligations, such as, without limitation, recording of activities, book-keeping and accounting records in accordance with applicable regulations, taxes obligations on sales and other applicable taxes, as well as legal provisions for insolvency. Also, if Users have a business, and, in particular, in the case of professional User, it must comply with the rules, regulations and all laws for commerce and trade. TOP SURF disclaims any liability on the matter and suggests to seek the opinion of a professional counselor on these issues.
No exceptions to these Terms of Use shall be agreed, without the written authorization and a new contract signed between TOP SURF and the User.
All communications aimed to the attention of the Members will be sent to the email address provided during the Registration process. The messages and notifications are deemed received 24 hours after the message is sent, unless a notification is received indicating that the email address is invalid or not working.

Last update 2018.07.26