1. GENERAL INFORMATION

The ownership of this website https://molokaisupcenter.com/ (hereinafter referred to as the Website) belongs to: Maurizio Bogliolo, with NIF: Z0282147B, whose contact details are:

Address: Carrer de Meer 39, Ciutat Vella, 08003 Barcelona

Contact telephone number: +34 654 082 099

Contact email: aloha@molokaisupcenter.com

This document (as well as any other documents mentioned herein) governs the terms and conditions that regulate the use of this Website (https://molokaisupcenter.com/) and the purchase or contracting of services therein (hereinafter, Conditions).

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookies policy, as well as MOLOKA’I SUP CENTER’s privacy and data protection policy. By using this Website or making and/or requesting the acquisition of a service through it, the User agrees to be bound by these Conditions and all of the aforementioned, so if you do not agree with all of them, you should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those that are in force at the time the service is requested will be applicable.

For any questions that the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing, and use of the Website confer the status of user (hereinafter referred to individually as User or collectively as Users), which implies acceptance, from the beginning of browsing the Website, of all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legally mandatory regulations as the case may be.

    The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

    • Using this Website only to make legally valid inquiries and purchases or acquisitions.
    • Not making any false or fraudulent purchases. If it can reasonably be considered that such a purchase has been made, it may be canceled, and the relevant authorities will be informed.
    • Providing truthful and lawful contact details, such as email address, postal address, and/or other information (see Legal Notice and General Terms of Use).

    The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

    The Website is primarily aimed at Users residing in Spain. MOLOKA’I SUP CENTER does not guarantee that the Website complies with the legislation of other countries, either in whole or in part. MOLOKA’I SUP CENTER declines all liability that may arise from such access and does not guarantee shipments or service provision outside Spain.

    The User may formalize, at their choice, the contract of sale of the desired services with MOLOKA’I SUP CENTER in any of the languages in which these Conditions are available on this Website.

    3. PURCHASE OR ACQUISITION PROCESS

    Duly registered Users can purchase on the Website using the established means and forms. They must follow the online purchase and/or contracting procedure of https://molokaisupcenter.com/, during which various services can be selected and added to the cart, basket, or final purchase space, and finally, click on: “Place Order”

      Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

      Subsequently, the User will receive an email confirming that MOLOKA’I SUP CENTER has received their order or purchase request and/or service provision, that is, the order confirmation.

      Once the purchase process is completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where applicable, through their personal connection space on the Website. Likewise, the User may, if they wish, obtain a paper copy of their invoice by requesting it from MOLOKA’I SUP CENTER using the contact spaces on the Website or through the contact details provided above.

      Communications, purchase orders, and payments involved during transactions carried out on the Website could be archived and preserved in MOLOKA’I SUP CENTER’s computerized records to constitute proof of transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations, particularly considering Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free circulation of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights granted to Users according to the privacy policy of this Website.

      4. AVAILABILITY

      All class and rental reservations made through the MOLOKA’I SUP CENTER website are subject to the availability of the necessary equipment (boards, wetsuits, and other materials) and the atmospheric and maritime conditions at the time. Likewise, reservations may be affected by force majeure causes (see clause eight of these Conditions).

        In the event that there is no material availability, weather conditions prevent the activity from taking place, or it becomes unfeasible for any other reason, MOLOKA’I SUP CENTER undertakes to contact the User to offer a new date or, failing that, proceed with the refund of the amount paid.

        5. PRICES AND PAYMENT

        The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise stated due to legal requirements, especially regarding VAT.

          In no case will the Website automatically add additional costs to the price of a product or service, only those that the User has selected and chosen voluntarily and freely.

          Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

          Accepted payment methods are: Credit or debit card, and PayPal

          Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by MOLOKA’I SUP CENTER.

          MOLOKA’I SUP CENTER uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.

          Credit cards will be subject to checks and authorizations by the issuing banking entity, and if said entity does not authorize the payment, MOLOKA’I SUP CENTER will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

          In any case, by clicking on “Place Order,” the User confirms that the payment method used is theirs or that, where appropriate, they are the legitimate holder of the gift card or credit card.

          When making a reservation for classes or rentals, confirmation from the school is required to guarantee availability, as these activities are subject to maritime conditions and capacity.

          Hour vouchers are non-transferable and must be used within 12 months from the date of purchase. Once this period has expired, the voucher will automatically expire, and it will not be possible to request any type of refund for unused hours.

          6. TECHNICAL MEANS TO CORRECT ERRORS

          The User is informed that if they detect that an error has occurred when entering the necessary data to process their purchase request on the Website, they may modify it by contacting MOLOKA’I SUP CENTER through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal connection space on the Website.

            In any case, before clicking on “Place Order,” the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

            Similarly, the User is referred to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free circulation of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

            7. RETURNS

            In cases where the User purchases services on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:

              Right of Withdrawal The User, as a consumer and user, has the right to withdraw from their reservation made on the MOLOKA’I SUP CENTER Website. However, since these are services with a specific date, cancellations will only be accepted if made at least 48 hours in advance of the reserved date and time. In the event of cancellation within this period, the User may choose to modify the reservation date or request a refund of the amount paid.

              To exercise this right, the User must notify MOLOKA’I SUP CENTER of their decision through the contact spaces enabled on the Website or directly at the school. Regardless of the chosen means, the communication must be clear and unequivocal, indicating the intention to cancel or modify the reservation.

              To meet the withdrawal deadline, it is sufficient for the communication to be sent before the 48-hour period prior to the date and time of the activity expires.

              In case of withdrawal within the established period, MOLOKA’I SUP CENTER will refund all payments received without undue delay and, in any case, within a maximum period of 14 calendar days from the date the notification was received. The refund will be made using the same payment method used in the initial transaction, without any additional costs for the User.

              IMPORTANT: Cancellations requested less than 48 hours in advance will not entitle the User to modification or refund, except for duly justified force majeure causes.

              8. LIABILITY DISCLAIMER

              Unless otherwise provided by law, MOLOKA’I SUP CENTER will not accept any liability for the following losses, regardless of their origin:

                • Any losses that were not attributable to any breach by it;
                • Business losses (including loss of profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
                • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products between both parties was formalized.

                Likewise, MOLOKA’I SUP CENTER also limits its liability in the following cases:

                • Technical failures that, due to fortuitous causes or otherwise, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons that prevent the service. MOLOKA’I SUP CENTER uses all means at its disposal to carry out the purchase, payment, and delivery/shipping process of the products; however, it is exempt from liability for causes not attributable to it, force majeure, or fortuitous events.
                • In general, MOLOKA’I SUP CENTER will not be liable for any non-compliance or delay in compliance with any of the obligations assumed when it is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
                  • Strikes, lockouts, or other labor actions.
                  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
                  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
                  • Impossibility of using trains, ships, planes, motor transport, or other public or private means of transport.
                  • Impossibility of using public or private telecommunications systems.
                  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

                In this way, obligations will be suspended during the period in which the force majeure cause continues, and MOLOKA’I SUP CENTER will have an extension of the term to comply with them for a period of time equal to the duration of the force majeure cause. MOLOKA’I SUP CENTER will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

                9. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

                By using this Website, the User accepts that most communications with MOLOKA’I SUP CENTER will be electronic (email or notices published on the Website).

                  For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information, and other communications that MOLOKA’I SUP CENTER sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

                  The User may send notifications and/or communicate with MOLOKA’I SUP CENTER through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

                  Likewise, unless otherwise stipulated, MOLOKA’I SUP CENTER may contact and/or notify the User by email or at the postal address provided.

                  10. WAIVER

                  No waiver by MOLOKA’I SUP CENTER of any specific legal right or action, or the failure of MOLOKA’I SUP CENTER to require strict compliance by the User with any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or the Conditions, nor shall it exempt the User from compliance with their obligations.

                    No waiver by MOLOKA’I SUP CENTER of any of these Conditions or rights or actions arising from a contract shall take effect unless it is expressly established as a waiver and is formalized and communicated to the User in writing.

                    11. SEVERABILITY

                    If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, unaffected by such declaration of nullity.

                    12. ENTIRE AGREEMENT

                    These Conditions and any document expressly referred to herein constitute the entire agreement between the User and MOLOKA’I SUP CENTER regarding the subject matter of the sale and replace any prior agreement, arrangement, or promise agreed upon verbally or in writing between the same parties.

                      The User and MOLOKA’I SUP CENTER acknowledge that they have entered into a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

                      13. DATA PROTECTION

                      The personal information or data provided by the User to MOLOKA’I SUP CENTER during a transaction on the Website will be treated in accordance with the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.

                      14. APPLICABLE LAW AND JURISDICTION

                      Access, browsing, and/or use of this Website and the service contracts made through it shall be governed by Spanish law.

                        Any dispute, problem, or disagreement that arises or is related to access, browsing, and/or use of the Website, or to the interpretation and execution of these Conditions, or to sales contracts between MOLOKA’I SUP CENTER and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.

                        15. COMPLAINTS AND CLAIMS

                        The User may submit complaints, claims, or any other comments to MOLOKA’I SUP CENTER using the contact details provided at the beginning of these Conditions (General Information).

                          Additionally, MOLOKA’I SUP CENTER has official complaint forms available to consumers and users, which they can request from MOLOKA’I SUP CENTER at any time using the contact details provided at the beginning of these Conditions (General Information).

                          Furthermore, if a dispute arises from this purchase contract between MOLOKA’I SUP CENTER and the User, the User, as a consumer, may request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.