Terms of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Identification of the Seller

The offer and sale of "Laboratorio Niko Romito" branded products concluded remotely through the website www.laboratorionikoromito.it (hereinafter referred to as the "Website") are governed by the following general terms and conditions of sale (hereinafter referred to as the "General Terms of Sale").

The products offered on the Website are sold by Laboratorio Niko Romito SRL (hereinafter referred to as the "Seller"), a company incorporated under Italian law, with registered office in Castel di Sangro (AQ) - 67031 – Italy, Contrada Santa Liberata snc, VAT No. and Tax Code 02203490665, registered in the Companies' Register of L’Aquila, REA no. AQ 216522, represented by its legal representative pro tempore, Mr. Niko Romito, Tax Code RMT NKI 74D30 C096M, License/authorization from the Chamber of Commerce of L’Aquila (AQ) no. REP_PROV_AQ/AQ SUPRO/0021112.

Art. 1 - Definitions

1.1 The term "online or distance sales contract" refers to the sales agreement concerning tangible movable goods of the Seller, concluded between the Seller and the Customer within a distance selling system using telecommunications technology organized by the Seller.

1.2 The term "Customer" refers to the natural person of at least 18 years of age who makes a purchase under this contract for purposes unrelated to any commercial, business, or professional activity carried out. The resale or transfer for any commercial or professional purpose of products purchased on the Website is expressly prohibited.

1.3 The term "Seller" refers to the entity identified above, i.e., the entity selling goods through the website.

1.4 The term "Products" refers to the goods directly produced by "Laboratorio Niko Romito" offered for distance sale on the online shop known as Shop Laboratorio Niko Romito.

1.5 The use of the distance selling service is governed exclusively by these General Terms 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 amendments and/or additions to the General Terms of Sale shall be effective solely in relation to purchases made after the date of publication of the new version of the General Terms of Sale. The replacement of these General Terms of Sale with a new version implies their automatic inapplicability, ineffectiveness, and unenforceability against the Seller regarding purchases made subsequent to their removal from the Website, even if such General Terms of Sale remain consultable and/or accessible to the public through other websites. The Seller reserves the right to amend and/or update these General Terms of Sale at any time.

1.7 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 enabled on the website.

Art. 2 - Subject of the Contract

2.1 Under this contract, the Seller sells and the Customer purchases at a distance, via telecommunications technology, the tangible movable goods 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 specific and detailed indications of their characteristics, in the section of the web portal accessible at: www.shop.laboratorionikoromito.it.

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 must check their actual availability at the time of purchase.

3.2 The Seller ensures, through the telecommunications system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time in its electronic catalog the number of available and unavailable products, as well as shipping times.

3.3 Should an order exceed the available quantity, the Seller will inform the Customer by email whether the product can no longer be reserved or what the waiting times are to obtain the selected good, asking whether the Customer intends to confirm the order or not.

3.4 In this case, the Seller's IT system will confirm the registration of the order as quickly as possible by sending a summary email to the Customer.

3.5 The Seller reserves the right to change the Products offered for sale on the Website at any time, without prior notice.

Art. 4 - Purchasing Procedure

4.1 Each Product offered for sale on the Website can be viewed via a dedicated link that allows the user to view photographic images of the Product or its packaging, the description, the ingredients, further information required by law, and the unit price.

4.2 The Products selected by the Customer will be placed in a dedicated section (hereinafter referred to as the "Cart"). The description of the Products, along with one or more photographic images, will be included in the Customer's Cart.

4.3 The Products offered for sale are artisanal; the Customer therefore acknowledges that the image of the Product published on the Website may not match the Product delivered to the Customer exactly. Variations are possible due to technical specifications and color resolution of the display device used by the Customer. Consequently, the Seller shall not be liable for any discrepancy in the graphic representations of the Products displayed on the Website.

4.4 By accessing the cart, the Customer can review the selected products and the total price of the purchase order. Before confirming the order proposal, the Customer is required to verify the correctness of the quantity and type of products listed. Once the order is 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 dedicated button, gives definitive confirmation of the order, which will then be sent to the Seller for fulfillment. After validating the order, the Customer may no longer make changes.

4.6 In order to confirm the order, the Customer must declare to have read and accepted these General Terms of Sale as well as the Privacy Policy. At the end of the purchasing procedure, the Customer is advised to save or print these General Terms of Sale.

4.7 The purchase process must be completed in its entirety; otherwise, the order cannot be correctly transmitted and processed by the Seller.

4.8 Orders and Customer data necessary for the purchase will be stored by the Seller for the retention period and in compliance with the conditions provided by applicable laws. Any use of data for purposes other than the purchase will be subject to the Customer's prior and express consent, based on the conditions specified in the Privacy Policy published on the Website.

4.9 The Customer acknowledges responsibility for the correctness and accuracy of all data entered on the Website or otherwise used during the purchase process.

Art. 5 - Conclusion of the Contract

5.1 Following confirmation of the order, the order is sent to the Seller for processing and can no longer be modified or canceled.

The order placed by the Customer will only be processed by the Seller if the entire purchase process has been completed properly, without any error reported by the Website. After placing the order, the Customer will receive an email acknowledging receipt of the order. This email shall not constitute acceptance of the order. Acceptance of the order and, consequently, conclusion of the contract shall occur as set forth in point 5.2 below.

5.2 The contract entered into between the Seller and the Customer is deemed concluded when the Customer receives the confirmation email from Laboratorio Niko Romito. The confirmation email will be sent to the address provided by the Customer in the purchase form and will contain the confirmation and summary of the purchase terms, such as: the description of the Product, including all relevant information, the total order price, shipping costs, any taxes for non-EU destinations, the address for submitting complaints, information on after-sales services, the existence of the right of withdrawal, and how to exercise it.

5.3 The Seller reserves the right not to accept an order placed by a Customer in the following circumstances:

a) unavailability, even temporary, of the Products included in the Order;
b) the existence of an ongoing legal dispute between the Seller and the Customer relating to a previous order;
c) if the Customer has previously breached the General Terms of Sale or failed to meet their obligations;
d) if it emerges that the Customer is purchasing Products for the purpose of reselling or transferring them for commercial or professional purposes.

5.4 In the above circumstances, the Seller will notify the Customer via email, within 30 (thirty) days of the actual receipt of the Order Proposal, of the cancellation of received orders. In such case, no Order Proposal shall be deemed accepted by the Seller, and no contract shall be deemed concluded between the Seller and the Customer.

5.5 In the event of partial unavailability of the ordered Product, before receiving the Confirmation email, the Customer will be given the option to choose whether to receive only the available Products or to cancel the order entirely. If cancellation is partial, the Customer will be charged only for the amount, including shipping costs, relating to the Products actually purchased.

Art. 6 – Prices

6.1 All 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 Art. 1336 of the Italian Civil Code.

6.2 The total price displayed in the Cart total includes shipping costs.

6.3 If interested, the Customer may insure the shipment of purchased goods at a cost of €5.00. This cost will always be borne by the Customer, even in the event of free shipping.

6.4 For non-EU countries, shipments are made on a DAP (Delivered at Place) basis; therefore, any customs duties and import fees are always payable by the recipient of the shipment.

6.5 Delivery charges are free for orders equal to or greater than €100.00 for delivery within Italy (excluding Vatican City and the Republic of San Marino).

6.6 The Customer will be charged the prices published on the Website and shown in the Cart at the time of order confirmation, provided that the ordered Products are available at that time. The Seller reserves the right to change the prices of Products offered for sale on the Website at any time and without prior notice.

6.7 The Seller accepts exclusively the credit cards and other payment methods expressly indicated on the Website.

6.8 For credit card payments, the Customer confirms and warrants that they are the holder of the credit card used for the purchase and guarantees the correctness of all relevant data entered during the purchase, such as: number, expiration date, and, if required, the security code. The transaction will be charged to the Customer only after:

a) verification of the credit card details;
b) receipt of the debit authorization from the company issuing the credit card used by the Customer;
c) confirmation of product availability by the Seller, and in any case once the Order is ready to be fulfilled.

6.9 For payments through other payment service providers, the Customer confirms and warrants that they are the holder of the account used for the purchase.

6.10 All payment-related communications are transmitted using third-party encryption systems designed to protect transactions (e.g., the PayPal payment system).

6.11 Any refund to the Customer will be credited to the IBAN specified by the Customer on the return form. In the event the right of withdrawal is exercised, the Seller will refund the purchase price promptly after receiving the returned goods and verifying their condition.

Art. 6 bis – Subscription

6 bis.1 Through the shop, the Customer may choose to receive at home, on a monthly or bimonthly basis, a custom mix of products selected from the Laboratorio Niko Romito range, with a minimum value of €120.00 per month.

6 bis.2 By choosing to subscribe, the Customer will receive every month or every two months, depending on the choice made, the cart containing their selection of favorite products from the Laboratorio Niko Romito line.

6 bis.3 A monthly discount of 10% will be applied to the cart of products that the Customer chooses to receive at home each month or every two months (having a minimum value of €120.00).

6 bis.4 Shipping costs within the Italian national territory are free of charge.

6 bis.5 Once activated, the subscription will renew automatically on a month-to-month or two-month basis, remaining active until the Customer chooses to pause or cancel it.

6 bis.6 Each month, the system will process payment using the Credit Card registered at the time of subscription. PayPal cannot be used as a payment method for subscriptions.

6 bis.7 Should the Customer wish to cancel the subscription, they may click on the "Cancel Subscription" button found within the "Subscription Details" link received via email in the dedicated subscription management section. The subscription must be canceled 14 days before the end of the current billing cycle month.

6 bis.8 For any further information, the Customer may write to Customer Support at: customerservice@laboratorionikoromito.it.

Art. 7 – Proof of Transaction

7.1 The Parties accept electronic evidence within the scope of their relationship (emails, backups, etc.). The parties agree that data recorded by the Seller constitutes proof of all transactions made by the Customer on the site. Data recorded by the payment system constitutes proof of financial transactions. Agreed evidentiary rule.

Art. 8 – Delivery Times and Methods

8.1 Products will be delivered to the address indicated by the Customer in the Order Proposal. Upon delivery, the signature of the Customer or their designated representative will be required.

8.2 For security reasons, the Seller will not process any order addressed to a P.O. Box, nor will it accept any order in which the natural person receiving the order and their address cannot be identified.

8.3 Products sold on the Website may only be purchased and delivered to the Countries indicated in Art. 1.7. Any orders requesting delivery outside these Countries will be automatically rejected during order processing.

8.4 Shipping costs will be clearly indicated, separately from any other cost or expense, upon completion of the Order compilation and before order confirmation by the Customer.

8.5 In accordance with applicable laws, the maximum deadline within which the Seller must deliver the purchased Products, except in cases of force majeure or fortuitous events, is 30 (thirty) days from the date of conclusion of the contract.

8.6 If the Seller fails to deliver the ordered Products within the specified period, the Customer may request delivery within an additional period appropriate to the circumstances, pursuant to applicable regulations, without prejudice to the Customer's right to terminate the contract immediately if the Product is not delivered within such additional period.

8.7 The Seller reserves the right to split an order into multiple shipments depending on Product availability. In this case, the Seller will inform the Customer by email and may charge the Customer separately only for Products actually shipped, or in a single installment.

8.8 Upon dispatch of the purchased Product, the Customer will receive an email at the address specified in the order. This email will contain a shipment tracking code and an exclusive link allowing real-time tracking of the delivery. Customer Support will provide assistance for any issues related to delivery. The Customer may contact Customer Support at +39 392 9739663 or by email at customerservice@laboratorionikoromito.it.

8.9 The Customer bears the risk of loss or damage to the Products only from the moment when the Customer, or a third party designated by them and other than the carrier, gains physical possession of the Products. Upon delivery, the Customer is required to check that:

a) the number of packages delivered matches the number indicated in the transport document attached to the shipped goods;
b) the packaging is intact, undamaged, and has not been altered, including sealing tapes if present.

8.10 If the delivered goods show damage presumably caused by transportation, the Buyer may refuse delivery and notify the Seller immediately, who will raise the necessary claims with the carrier and arrange a new shipment once the contested goods have been returned.

8.11 If the Customer decides to accept delivery of the goods despite the packaging being severely damaged and/or tampered with, in order to protect their rights they must contest the condition of the packaging to the courier by writing "GOODS ACCEPTED SUBJECT TO INSPECTION DUE TO..." (specifying the reason for the reservation) on the delivery receipt, keeping a copy thereof.

8.12 In the event of failed delivery due to the absence of the Customer and/or their representative at the indicated address, the courier appointed by the Seller will attempt to contact the Customer to make two (2) further delivery attempts within a maximum period of 5 days. Once this period has elapsed unsuccessfully without delivery being possible due to the Customer's absence/unavailability, the order will be automatically canceled by the Seller, without the Seller being held liable for non-delivery. In this case, taking into account the characteristics of the Products, the risk of alteration/spoilage, and to safeguard Customer health and safety, the Products will be returned to the Seller, who may retain the amount paid by the Customer corresponding to shipping costs and the cost of perishable goods that can no longer be resold to third parties.

Art. 9 – Limitation of Liability

9.1 The Seller assumes no liability for service interruptions attributable to force majeure (including disruptions resulting from epidemics and/or pandemics) or fortuitous events.

9.2 The Seller cannot be held liable to the Customer, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.

9.3 Furthermore, the Seller shall not be liable for damages, losses, or costs incurred by the Customer resulting from the non-performance of the contract due to causes not attributable to the Seller.

9.4 The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, or other payment instruments used to purchase products, provided it demonstrates that it has adopted all possible precautions based on the best science and experience of the time and ordinary diligence.

Art. 10 - Supplier Obligations for Defective Products, Proof of Damage, and Recoverable Damages

10.1 The Seller cannot be held liable for damages caused by a defective product if the defect is due to the compliance of the product with a mandatory legal rule 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 injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed themselves to it. Similarly, defects resulting from improper and/or incorrect use of purchased goods, external causes (e.g., impacts, falls, etc.), negligence, and improper use are not attributable to the Seller's liability.

10.3 In any case, the injured party must prove the defect, the damage, and the causal link between defect and damage.

Art. 11 - Conformity of the Products

11.1 Once delivered, the Products must be checked by the Customer to ensure they correspond to the Products ordered and show no apparent defects or damage to the packaging. The legal warranties of conformity provided by applicable law apply to the sale of the Products.

11.2 In the event of a lack of conformity, the consumer has the right to have the conformity of the goods restored, free of charge, by repair or replacement, or to an appropriate price reduction or contract termination.

The Customer may choose to request the Seller to repair or replace the goods, free of charge in both cases, unless the remedy chosen is objectively impossible or excessively burdensome compared to the other.

One of the two remedies is to be considered excessively burdensome if it imposes unreasonable costs on the Seller in comparison with the other, taking into account:

the value the goods would have had if there were no lack of conformity;
the extent of the lack of conformity;
the possibility that the alternative remedy could be completed without significant inconvenience to the consumer.

In the event of manufacturing defects or lack of conformity, the Customer will have the right to have the product replaced without additional expenses, unless the replacement requested is objectively impossible. If this occurs, the Customer may request a refund of the price paid or a reduction in the purchase price.

11.3 Since these are perishable goods, the Customer is required to report the lack of conformity within 15 days from the date of discovering the defect, and therefore from the moment the goods were received.

11.4 To report defects in Products and obtain one of the remedies listed above, the Customer may contact the Seller at the addresses specified in Article 12 below.

11.5 The Seller will inform the Customer of the procedures to follow to obtain statutory remedies, taking into account the product type and category.

Art. 12 - Warranty and Support Procedures

12.1 For the purposes of this contract, consumer goods are presumed to conform to the contract if, where relevant, the following circumstances coexist:

a) they are fit for the purposes for which goods of the same type are normally used;
b) they comply with the description given by the seller and possess the qualities of goods that the seller has presented to the consumer as a sample;
c) they exhibit the standard quality of a product of the same type, taking into account public statements made by the seller regarding the specific characteristics of the goods.

In the event of a lack of conformity, the customer may request, alternatively and free of charge, subject to the conditions set out below, the replacement of the purchased item, an appropriate price reduction, or the termination of this contract, unless the request is objectively impossible to fulfill or excessively burdensome for the seller pursuant to Art. 130, paragraph 4, of the Consumer Code.

12.2 The request must be submitted in writing or by filling out the appropriate return form sent to customerservice@laboratorionikoromito.it. The seller will indicate its willingness to act on the request, or the reasons preventing it from doing so, within seven (7) business days of receipt.

12.3 In the same communication, if the seller accepts the Customer's request, it will specify the methods 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 burdensome.

12.4 In the same communication, where the seller has accepted the customer's request, it must specify the proposed price reduction or the arrangements for returning the defective product. In such cases, it will be the customer's responsibility to indicate how the amounts previously paid to the seller should be refunded.

12.5 As regards any damages caused by defective products, the provisions of European Directive 85/374/EEC and the Italian Consumer Code, as amended, shall apply.

Art. 13 – Customer Service

13.1 The Seller ensures full pre-sales and after-sales assistance. Therefore, the customer may request any information from the Seller by email at customerservice@laboratorionikoromito.it or by phone at +39 392 9739663.

Art. 14 - Obligations of the Buyer

14.1 The Buyer undertakes to pay the price of the purchased item within the times and methods indicated in the contract.

14.2 Once the online purchase procedure is concluded, the Buyer agrees to print and keep this contract received by email as an attachment to the order confirmation.

14.3 The information contained in this contract has already been viewed and accepted by the Buyer—who expressly acknowledges this—prior to confirming the purchase through online procedures.

Art. 15 - Right of Withdrawal and How to Exercise It

15.1 If the Customer is a Consumer (meaning any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity carried out), they have the right to withdraw from the contract without penalty and without giving any reason, by notifying the Seller within fourteen (14) days from the day on which the Customer or a third party designated by the Customer and other than the Carrier acquires physical possession of the goods.

15.2 To exercise the right of withdrawal, the Customer must inform the Seller of their decision by filling out the withdrawal section in the return form or by an explicit declaration sent to customerservice@laboratorionikoromito.it.

15.3 To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

15.4 In the event of withdrawal, all payments made to the Seller by the Customer will be reimbursed, including delivery costs (with the exception of supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any case no later than 14 days from the day the Seller is informed of the withdrawal. Such refunds will be made using the same payment method used by the Customer for the initial transaction, unless expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.

15.5 The refund may be withheld until the goods are received back or until the Customer provides proof of having sent back the goods, whichever is earlier.

15.6 Upon receipt of the goods covered by the contract, the Customer must send back the goods or hand them over to the Seller at the premises of Laboratorio Niko Romito SRL, Via Degli Abruzzi 204 – 67031 Castel di Sangro (AQ), Italy, without undue delay and in any event within 10 days from the day on which the Customer communicates withdrawal from the contract. The carrier appointed by Laboratorio Niko Romito will handle the pickup according to the instructions the Customer receives from customerservice@laboratorionikoromito.it following notice of withdrawal.

15.7 The deadline is met if the return of the goods takes place before the expiration of the 10-day period from the communication of withdrawal.

15.8 The direct costs of returning the goods will be borne by the Laboratory. In case of partial deterioration of the goods, the Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Art. 16 - Storage and Access to Contract Documentation

16.1 The Customer must review the contractual documentation within the website www.shop.laboratorionikoromito.it in the GENERAL TERMS AND CONDITIONS OF SALE section. Upon completing the order form, the Customer is required to print and retain the contractual documentation.

Art. 17 – General Terms of Sale

17.1 These terms of sale are deemed fully accepted by the purchaser/customer upon placement of the order.

17.2 In case of force majeure and/or other similar events preventing or delaying production, Laboratorio Niko Romito SRL reserves the right to reduce the order quantity or make partial deliveries, and therefore postpone the shipping date or cancel the sale, without the purchaser having any right to compensation and/or indemnity of any kind. Given the artisanal manufacturing process, individual items may vary in size, weight, decoration, and color, and such discrepancies cannot give rise to claims. It is the buyer's responsibility to carry out the necessary qualitative and quantitative checks of the goods upon acceptance.

17.3 Any issues and/or defects with the product must be reported within 15 (fifteen) days of delivery to Customer Support at customerservice@laboratorionikoromito.it.

Art. 18 - Correction of Input Errors

18.1 In the event of incorrect or incomplete data entry, an error message will appear alerting the Customer to the need for correction or completion.

18.2 The online sale of products on this website is governed by Italian law, in particular the Italian Civil Code, the Consumer Code, and Regulation (EU) no. 2016/679.

Art. 19 - Conclusion of the Contract

19.1 The online contract is deemed concluded when the recipient of the service receives confirmation of receipt of order acceptance from the provider by electronic means.

Art. 20 - Protection of Privacy

20.1 The provision of personal data for online sales is mandatory, as it is necessary for order processing, shipping, and invoicing. This information is strictly confidential.

20.2 Failure to provide information results in the automatic rejection of the order. The Seller undertakes not to disclose information provided by its customers to third parties. It is used solely for internal management purposes, namely order management, billing, customer service, solvency checks, marketing, or personalized advertising, without this list being exhaustive. In this regard, express reference is made to the Privacy Policy applied by Laboratorio Niko Romito SRL in accordance with Regulation (EU) no. 2016/679.

Art. 21 - Intellectual Property

21.2 Any reproduction, in whole or in part, without the Seller's consent is strictly prohibited. The purchase of products does not in any way transfer or grant intellectual property rights.

Art. 22 - Applicable Law

22.1 For anything not expressly provided herein, the provisions of law in force in the Italian legal system shall apply, and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Legislative Decree no. 206/2005 as amended and supplemented (the Consumer Code).

Art. 23 - Competent Court in the Event of Disputes

23.1 In the event of disputes arising from the application, interpretation, execution, or breach of purchase contracts concluded online, the competent court shall be:

the court of the place of residence or domicile of the customer, if the customer is a natural person acting for purposes unrelated to any entrepreneurial or professional activity, provided that the place of residence or domicile is located within the territory of the Italian state;
the court of the place of execution of the contract if the customer's residence or domicile is located outside the territory of the Italian state;
the Court of Sulmona (AQ), Italy, if the customer is a VAT holder and has entered into the purchase contract via internet through www.shop.laboratorionikoromito.it in the exercise of their business, commercial, or professional activity.