The offer and sale of "Laboratorio Niko Romito" branded products concluded at a distance through the website www.laboratorionikoromito.it (hereinafter referred to as the "Website") is governed by the following general conditions of sale (hereinafter referred to as the "General Conditions of Sale").
The products offered on the Site are sold by Spazio S.r.l. - Laboratorio Niko Romito (hereinafter referred to as the "Vendor") is a company incorporated under Italian law, with registered office in Castel di Sangro (AQ) - 67031 - Italy, Contrada Santa Liberata snc, VAT No. and C.F. 01935490662 and registration number with the Register of Companies of L'Aquila, REA no. AQ 132198, in the person of its legal representative pro tempore, Mr. Niko Romito, Fiscal Code RMT NKI 74D30 C096M, Licence/authorisation with the Chamber of Commerce of L'Aquila (AQ) no.
Article 1 - Definitions
1.1 The term "online or distance salescontract" means the contract of sale of the Seller's tangible movable property concluded between the Seller and the Customer within the framework of a distance sales system using telematic tools, organised by the Seller.
1.2 The expression "Customer" means the natural person who makes the purchase, as referred to in this contract, for purposes that are not related to any commercial or professional activity carried out, who is over 18 years of age. The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
1.3 "Seller" means the party as identified above or the party selling the goods through the website.
1.4 The term "Products" means the goods directly produced by "Laboratorio Niko Romito" and offered for sale on the online shop, called Shop Laboratorio Niko Romito, for distance selling.
1.5 The use of the distance sales service is governed exclusively by these General Conditions of Sale published on the Website and in force at the time of purchase, and is reserved exclusively for Customers as defined above.
1.6 Any amendment and/or integration of the General Conditions of Sale will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale. The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against the Seller of the same in relation to purchases made after their removal from the Website and this also in the event that such General Conditions of Sale are still available for consultation and/or accessible to the public through other websites, other than the one indicated above. The Vendor reserves the right to amend and/or supplement these General Conditions of Sale at any time.
1.7 The products offered for sale on the Website may only be purchased if delivered to countries belonging to the European Union and to non-EU countries for which delivery is activated on the Website.
Art. 2 - Object of the contract
2.1. The Vendor hereby sells and the Customer purchases at a distance, by means of telematic tools, the tangible movable property presented and offered for sale on the website www.shop.laboratorionikoromito.it.
2.2. The products referred to in the preceding point are illustrated, with a specific and detailed indication of their characteristics, in the section of the web portal that can be reached
Art. 3 - Availability of products
3.1 The Customer acknowledges that the products offered by the Seller on the Website (hereinafter referred to as the "Products") may be subject to variable availability and is therefore aware that the Seller shall check their actual availability at the time of purchase.
3.2 The Vendor shall ensure, by means of the telematic system used, that orders are processed and carried out without delay. To this end, it shall indicate in real time in its electronic catalogue the number of products available and those not available, as well as the shipping times.
3.3 If an order exceeds the quantity available, the Seller shall inform the Customer by e-mail that the goods can no longer be reserved or the waiting time for obtaining the chosen goods shall be indicated, asking whether or not the order is to be confirmed.
3.4 The Seller's computer system shall, in this case, confirm the registration of the order as soon as possible by sending the Customer an e-mail summary.
3.5 The Seller reserves the right to change the Products offered for sale on the Website at any time, without prior notice.
- Purchasing procedure
4.1 Each Product offered for sale on the Web Site can be viewed by means of a special link that allows you to view photographic images of the Product or its packaging, the description, the ingredients, the additional information required by law and the unit price.
4.2 The Products chosen by the Customer will be placed in a special section (hereinafter referred to as the "Shopping Cart"). The description of the Products, together with one or more photographic images, will be included in the Customer's Shopping Cart.
4.3 The Products offered for sale are handcrafted, the Customer therefore acknowledges that the image of the Product published on the Website may not coincide exactly with the Product delivered to the Customer. Indeed, certain variations are possible due to the technical characteristics and colour resolution of the device used by the Customer. Consequently, the Seller shall not be liable for any differences in the graphic representations of the Products displayed on the Website.
4.4 By accessing the shopping cart, the Customer can view the products selected and the total price of the purchase order. Before confirming the proposed order, the Customer is required to verify the correctness of the number and type of products listed therein. Once the correctness of the order has been verified, the Customer must complete the purchase form according to the instructions provided on the Website.
4.5. The purchase procedure is concluded when the Customer, by selecting the appropriate button, gives final confirmation of the order, which will then be transmitted to the Seller for the consequent activities. After the order has been validated, the Customer may not make any changes.
4.7 The purchase procedure must be completed in full; otherwise, the order cannot be correctly transmitted and processed by the Seller.
4.9 Customers who have registered in the private area of the Website may check the status of their order by accessing this area and entering the page relating to their orders.
4.10 The Customer is aware that he/she is responsible for the correctness and truthfulness of all the data entered on the Website or in any case used during the purchase process.
- Conclusion of the contract
5.1 Once the order has been confirmed, it is sent to the Seller for processing and cannot be further modified or cancelled.
The order placed by the Customer will only be taken over by the Seller if the entire purchase process has been completed correctly, without any error being highlighted by the Website. After placing the order, the Customer will receive an email from the Seller informing him/her that the order has been received. This email cannot be understood as acceptance of the order. Acceptance of the order and, therefore, conclusion of the contract will take place in accordance with the provisions of point 5.2 below.
5.2 The contract stipulated between the Seller and the Client must be considered concluded when the Client receives the confirmation e-mail from Laboratorio Niko Romito. The confirmation e-mail will be sent to the address indicated by the Client in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product, including all relevant information on the same, the total price of the order, the shipping costs, any taxes for non-EU destinations, the address for filing any complaints, information on after-sales services, the existence of the right to withdraw and the relative procedures for exercising it.
5.3 The Seller reserves the right not to accept an order placed by a Customer in the following cases:
- a) unavailability, even temporary, of the Products included in the Order;
- b) the existence of a legal dispute between the Seller and the Customer relating to a previous order;
- c) if the Customer has on previous occasions committed violations of the General Terms and Conditions of Sale or has not fulfilled his obligations;
- d) if it appears that the Customer purchases the Products with the intention of reselling or transferring them for commercial or professional purposes.
5.4 In the aforementioned cases, the Seller will inform the Customer by e-mail, within 30 (thirty) days from the date of receipt of the Order Proposal, of the possible cancellation of the orders received. In this case, no Order Proposal shall be considered accepted by the Seller and no contract shall be considered concluded between the Seller and the Customer.
5.5 In the event of partial unavailability of the Product ordered, before receiving the Confirmation e-mail the Customer will be put in the condition to choose whether to receive only the Products available or to cancel the order entirely. If the cancellation is only partial, the Customer will be charged only the amount, inclusive of any shipping costs, relating to the Products actually purchased.
Art. 6 - Prices
6.1 All the sales prices of the products are indicated on the website www.shop.laboratorionikoromito.it, are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
6.2 The total amount of the price shown in the Shopping Cart total includes shipping costs, insurance costs if of interest to the Customer, ancillary charges as well as taxes for non-EU countries, which, however, will be indicated separately and distinctly from the price of the products. In any case, the Seller will request the Customer's express consent for any additional costs.
6.3 Delivery costs are free of charge for orders of EUR 100.00 or more and with delivery in Italy (excluding Vatican City and the Republic of San Marino).
6.4 The Customer will be charged the prices published on the Website and shown on the Shopping Cart at the time the order is confirmed, provided that the Products ordered are available at that time. The Seller reserves the right to change the prices of the Products offered for sale on the Website at any time and without prior notice.
6.5 The Seller only accepts credit cards and other payment methods expressly indicated on the Website.
6.6 For the purpose of payment by credit card, the Customer confirms and guarantees that he/she is the owner of the credit card used for the purchase and that all the data relating to it, entered during the purchase phase, is correct, such as: the number, the expiry date and, if necessary, the security code. The transaction will be charged to the Customer only after:
- (a) verification of credit card data;
- b) receipt of the debit authorisation from the company issuing the credit card used by the Customer;
- c) confirmation of the availability of the product by the Seller and in any case after the Order is ready to be processed.
6.7 For the purpose of payment via other payment service providers , the Customer confirms and warrants that he is the holder of the account used for the purchase.
6.8 All communications relating to payments are made using third-party encryption systems to protect the transactions made (e.g. PayPal payment system).
6.9 Any refund to the Customer will be credited to the iban specified by the same on the return form. The Seller, in the case of exercising the right of withdrawal, shall refund the purchase price immediately after receiving the return of the goods sold and checking the condition of the same.
Article 6a - Subscription
6a. 1 The Customer can also choose to receive a mix of products from the Laboratory line on a monthly basis via the shop, by subscription:
- Small with an economic value of € 110.00
- Large with an economic value of € 160.00
6a. 2 Once activated, the subscription will be renewed automatically from month to month, and will remain active until the Customer chooses to suspend it.
6a. 3 Each month, the system will make the payment using the Credit Card entered when the subscription was taken out. It will not be possible to use PayPal as a payment method for the subscription.
6a. 4 If the Customer wishes to suspend the subscription, he may click on the "Cancel" button within the subscription tab in your account under "Subscriptions".
6a. 5 If the Customer wishes to change the taste of the references in the selected subscription, he may do so by indicating the subscription number and the changes he wishes to make. The change may be requested up to 14 days before the next sending, so that the change request can be taken into account.
6 bis. 6 For any further information, the Client may write to the Laboratory's Customer Care at: firstname.lastname@example.org
Art. 7 - Proof of Settlement
7.1 The Parties accept electronic evidence as part of their relationship(e-mail, back-up, etc.). The Parties agree that the data recorded by the Seller is the proof of all transactions of the Client on the Site. The data recorded by the payment system shall be proof of the financial transactions. Contractual proof.
Art. 8 - Time and method of delivery
8.1 The Products will be shipped to the address indicated by the Customer in the Order Proposal. At the time of delivery of the Products, the signature of the Customer or his nominee will be required.
8.2 For security reasons, the Seller shall not process any order addressed to a P.O. box, nor shall it accept any order in which it is not possible to identify the individual receiving the order and his address.
8.3 The Products sold on the Website can only be purchased and delivered in the countries indicated in article 1.7. Therefore, any orders with shipments to be made outside these countries will be automatically rejected during the order processing procedure.
8.4 Shipping costs shall be expressly indicated, separately from any other cost or expense, at the conclusion of the Order compilation procedure and prior to the selection of the Order confirmation by the Customer.
8.5 In compliance with the regulations in force, the maximum term within which the Seller shall provide for the delivery of the Products purchased, except in cases of force majeure or fortuitous event, is 30 (thirty) days from the date of conclusion of the contract.
8.6 If the Seller does not deliver the ordered Products within the above-mentioned period, the Customer may ask the Seller to deliver within an additional period appropriate to the circumstances, in accordance with the applicable regulations, without prejudice to the Customer's right to terminate the contract immediately if the ordered Product is not delivered within the additional period, if any, indicated.
8.7 The Seller reserves the right to split an order into several shipments, according to the availability of the Products. In this case, the Seller will inform the Customer by e-mail and may charge the price to the Customer separately for the Products actually shipped or in a single solution.
8.8 Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the order. This e-mail will contain a tracking code for the shipment and a unique link that will allow the monitoring of the delivery in real time. The Laboratory's Customer Service will provide assistance for any possible problem related to the delivery. The Client can contact the Seller's Customer Service at the number +393929739663 or at the email email@example.com.
8.9 The Customer shall bear the risk of loss of or damage to the Products only when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Products. At the time of delivery, the Customer shall verify that:
- a) the number of packages delivered corresponds to the number indicated in the transport document attached to the goods shipped;
- b) the packaging is intact and undamaged, including the closing tapes if present.
8.10 If the goods delivered are damaged in transit, the Buyer may refuse the delivery and immediately notify the Seller, who will make the necessary complaints to the forwarding agent and provide for a new shipment upon receipt of the returned goods.
8.11 In the event that the customer decides to accept the goods for delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights, he must notify the courier of the unsuitability of the packaging, by writing "GOODS SUBJECT TO INSPECTION BECAUSE OF ..." (indicating the reason for the reservation in question) on the delivery document. (indicating the reason for the reservation in question) on the delivery document, a copy of which must be retained.
8.12 In the event of non-delivery of the Products, due to the absence of the Customer and/or his nominee at the indicated address, the courier appointed by the Seller will contact the Customer in order to make 2 further delivery attempts within a maximum of 5 days. If this period elapses to no avail and it has not been possible to deliver the Products due to the Customer's unavailability/absence, the order will be automatically cancelled by the Seller without the latter being held liable for non-delivery. In this case, taking into account the characteristics of the Products, the risk of alteration/perishability of the same and in order to protect the health and safety of the Customers, the Products will be returned to the Seller who may retain the amount already paid by the Customer relative to the shipping cost and to that of the perishable Products and as such no longer transferable to third parties.
Art. 9 - Limitations of liability
9.1 The Seller shall not be liable for inefficiencies due to force majeure (including inefficiencies due to epidemics and/or pandemics) or to unforeseeable circumstances.
9.2 The Seller shall not be liable to the Customer, except in the event of wilful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside its control or that of its subcontractors.
9.3. Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Customer as a result of non-performance of the contract for reasons not attributable to him.
9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment for payment of the purchased products, if he proves that he has taken all possible precautions based on the best science and experience at the time and on the ordinary diligence required.
Art. 10 - Supplier's obligations for defective products, proof of damage and compensable damages
10.1. The Seller shall not be liable for the consequences of a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.2 No compensation shall be due if the damaged party was aware of the defect of the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from incorrect and/or improper use of the purchased goods, external causes (e.g. impacts, falls, etc.), carelessness and improper use are not attributable to the Seller's liability.
10.3 In any event, the aggrieved party shall prove the defect, the damage and the causal connection between the defect and the damage.
- Product conformity
11.1. Once delivered, the Products shall be checked by the Customer in order to ascertain that they correspond to the Products ordered and that there are no obvious defects or damage to the packaging. The legal guarantees of conformity envisaged by current legislation are applicable to the sale of the Products.
11.2. In the event of a lack of conformity, the consumer is entitled to have the conformity of the goods restored without charge by repair or replacement, or to an appropriate reduction in the price or to rescission of the contract.
The Customer may, at its option, request the Seller to repair the goods or to replace them, free of charge in either case, unless the remedy requested is objectively impossible or excessively expensive compared to the other.
One of the two remedies is to be regarded as excessively onerous if it imposes unreasonable costs on the seller in comparison with the other, taking into account:
- of the value the goods would have if there were no lack of conformity;
- the extent of the lack of conformity;
- whether the alternative remedy can be completed without significant inconvenience to the consumer
In the event of manufacturing defects or lack of conformity, the Customer shall be entitled to have the product replaced without further expense, unless the replacement requested is objectively impossible. If this is the case, the Customer may request a refund of the price paid, or a reduction in the purchase price.
11.3 Since the goods are perishable, the Customer is required to report the non-conformity defect within a period of 15 days from the date on which he discovered the defect and, therefore, from the moment he received the goods.
11.4 In order to report defects in the Products and obtain one of the remedies listed above, the Customer may contact the Seller at the addresses indicated in Article 12 below.
11.5 The Seller shall inform the Customer of the procedures to be followed in order to obtain the remedies provided for by law, also taking into account the type of Product and its product category.
Art. 12 - Warranty and service arrangements
12.1 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
- (a) they are fit for the purpose for which products of the same type are normally used;
- (b) they conform to the description given by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample;
- (c) present usual qualities of a product of the same type, public statements on the specific characteristics of the goods made in this respect by the seller.
In the event of a lack of conformity, the customer may request, alternatively and free of charge, under the conditions set out below, the replacement of the goods purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet, or is excessively onerous for the seller pursuant to Article 130, paragraph 4, of the Consumer Code.
12.2 The request must be made in writing, i.e. by filling in the return form to be sent to firstname.lastname@example.org. The Seller shall indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven (7) working days of receipt.
12.3 In the same communication, if the Seller has accepted the Customer's request, it will indicate the method of shipment or return of the product as well as the deadline for returning or replacing the defective product, if replacement is impossible or excessively expensive.
12.4 In the same communication, if the vendor has accepted the customer's request, he will have to indicate the proposed price reduction, or how to return the defective product. In such cases, it will be the customer's responsibility to indicate how the sums previously paid to the vendor are to be re-credited.
12.5 With regard to any damage caused by a defective product, the provisions of European Directive 85/374/EEC and the provisions of the Consumer Code and subsequent amendments shall apply.
Art. 13 - Customer service
13.1 The Seller guarantees a complete pre and post sale assistance. Therefore, the customer may request any information from the Seller by e-mail at email@example.com or by phone at +393929739663.
Article 14 - Obligations of the Buyer
14.1 The Purchaser undertakes to pay the price of the purchased goods at the time and in the manner specified in the contract.
14.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail as an attachment to the purchase order confirmation.
14.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser - who acknowledges this - prior to confirmation of purchase, by means of telematic procedures.
Art. 15 - Right of withdrawal and how to exercise it
15.1 If the Customer is a Consumer (meaning any natural person who acts on the website for purposes other than his/her business or professional activity), he/she has the right to withdraw from the contract, without any penalty and without specifying the reason, by notifying the Seller within fourteen (14) days, starting from the day on which the Customer or a third party indicated by the Customer and other than the Carrier, receives the goods ordered and acquires physical possession of the goods.
15.2 In order to exercise the right of withdrawal, the Client must inform the Seller of his decision by filling in the specific withdrawal item indicated on the return form or by means of an explicit declaration, to be sent to firstname.lastname@example.org
15.3 In order to comply with the withdrawal period, it shall be sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
15.4 In the event of withdrawal, all payments made to the Seller, including the costs of delivery (with the exception of additional costs resulting from the Customer choosing a type of delivery other than the least expensive type of standard delivery offered by us), will be refunded to the Customer without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the withdrawal. Such refunds shall be made using the same means of payment as was used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not incur any costs as a result of such refund.
15.5 Refunds may be suspended until receipt of the goods or until the Customer demonstrates that the goods have been returned, whichever is earlier.
15.6 In the event of receipt of the contractual goods, the Client must return the goods or deliver them to the Seller at the premises of SPAZIO S.r.l. - Laboratorio Niko Romito, Strada Statale 17, KM 150, 3 - 67031 Castel di Sangro (AQ) without undue delay and in any case within 10 days from the day the Client communicates his withdrawal from the contract. The collection will be carried out by the carrier appointed by Laboratorio Niko Romito, according to the procedures that the Client will receive from email@example.com following the communication of withdrawal.
15.7 The deadline shall be deemed to have been met if the goods are returned within the expiry of the period of 10 days from the notice of withdrawal.
15.8 The direct costs of the return will be borne by the Laboratory. In case of partial deterioration of the goods, the Customer will be liable only for the decrease in the value of the goods resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Art. 16 - Archiving and access to contractual documents
16.1 The Customer must examine the contractual documentation on the website www.shop.laboratorionikoromito.it in the GENERAL CONDITIONS OF SALE section. After completing the order form, the Customer is obliged to print and keep the contractual documentation.
Art. 17 - General conditions of sale
17.1 These terms and conditions of sale are deemed to be accepted in full by the client/customer with the placing of the order.
17.2 In the event of force majeure and/or other similar events that prevent or delay production, Spazio S.r.l. - Laboratorio Niko Romito shall be entitled to reduce the order quantity or make partial deliveries and therefore extend the shipment date or cancel the sale, without the Customer being entitled to compensation and/or indemnity of any kind. Given the handcrafted nature of the work, individual items may vary in size, weight, decoration and colour, and such discrepancies cannot give rise to complaints. It is up to the purchaser to carry out the necessary qualitative and quantitative checks on the goods upon acceptance.
17.3 Any problems and/or faults with the product must be reported within 15 (fifteen) days of delivery to customer service at firstname.lastname@example.org.
Art. 18 - Correction of data entry errors
18.1 In the event of incorrect or incomplete data with respect to the standard , an error message shall appear, warning the Customer of the need for correction or supplementation.
18.2 The online sale of products on this website is governed by Italian law and in particular by the Civil Code, the Consumer Code and Regulation (EU) No. 2016/679.
Art. 19 - Conclusion of the contract
19.1 The online contract shall be deemed to have been concluded when the recipient of the service has received an electronic acknowledgement of receipt of the order acceptance from the supplier.
Article 20 - Protection of privacy
20.1 The provision of personal data for online sales is compulsory as it is necessary for order processing, shipping and invoicing. This information is strictly confidential.
Article 21 - Intellectual property
21.1 All texts, comments, illustrations and images reproduced on the www.shop.laboratorionikoromito.it website are protected by copyright. All rights reserved.
21.2 Any partial or total reproduction without the Seller's consent is expressly prohibited. The purchase of products does not in any way imply the transfer or granting of intellectual property rights.
Art. 22 - Applicable law
22.1 All matters not expressly provided for herein shall be governed by the provisions of current Italian law and, in particular, for consumers, the provisions of Section II, Chapter I, Title III of Legislative Decree No. 206/2005 and subsequent amendments and supplements (Consumer Code).
Art. 23 - Place of jurisdiction in the event of a dispute
23.1 Should disputes arise in connection with the application, interpretation, execution and breach of purchase agreements concluded via the Internet, the parties shall be competent to settle them:
- the judge of the place of residence or domicile of the customer, if he is a natural person acting for purposes which are outside his trade or profession, where the place of residence or domicile is within Italy.
- the court of the place of performance of the contract if the customer's residence or domicile is outside the territory of Italy.
- the Court of Sulmona (AQ) if the customer has a VAT number and has concluded the purchase contract via the Internet through www.shop.laboratorionikoromito.it as part of his business or professional activity.