TERMS AND CONDITIONS OF USE AND SALE
1. GENERAL SALES PROVISIONS
1.1 These general terms and conditions of sale (hereinafter, the "GENERAL TERMS") apply to all sales of products (hereinafter, "products" or "product") purchased through the website www.siculiani.com (hereinafter, the "Site"). SICULIANI is a trademark registered by GREEN LAB SRL, with registered office at Via Eremo 13, 95017 Piedimonte Etneo (CT), Italy, and operational headquarters at Corso Italia 31, 95014 Giarre (CT), Italy.
1.2 These GENERAL TERMS are reserved exclusively for consumers (hereinafter, the "Customers" or the "Customer"), meaning natural persons acting for purposes unrelated to any trade, business, or profession they may carry out.
1.3 The language available for concluding the contract is Italian.
1.4 The Customer is required to carefully read the GENERAL TERMS made available on the Site, so as to allow the Customer to store them, pursuant to Article 12 of Italian Legislative Decree No. 70 of 9 April 2003.
1.5 Contracts concluded on the site www.siculiani.com are governed by Italian law and, in particular, by Italian Legislative Decree No. 206 of 6 September 2005 (the "Consumer Code") and Italian Legislative Decree No. 70 of 9 April 2003 (hereinafter, the "E-commerce Decree").
2. IDENTIFICATION OF THE SELLER
2.1 The seller is GREEN LAB SRL, operating through the website www.siculiani.com.
Registered office: Via Eremo 13, 95017 Piedimonte Etneo (CT), Italy
Operational headquarters: Corso Italia 31, 95014 Giarre (CT), Italy
VAT number: 06005950875
Business Register (REA) number: 456496, Chamber of Commerce of Catania
3. PRODUCT INFORMATION
3.1 Information relating to the products available for distance selling through the Site, together with the relevant technical data sheets and nutritional values, is available on the Site. Such information is provided in accordance with Articles 52 and 53 of the Consumer Code.
4. PRICE
4.1 Product prices are inclusive of all taxes and duties. All prices are expressed in Euro. Delivery costs can be viewed by clicking on "Shipping" on the home page.
5. ORDERING PRODUCTS
5.1 The essential characteristics and prices of the products are set out in the offer relating to each product.
5.2 To purchase products, the Customer must select the product and place it in the "cart" and, after reviewing the General Terms — with particular reference to the delivery charge (if due) and the procedure for exercising the right of withdrawal — as well as the Privacy Policy, must select the desired payment method and choose the "Confirm order" option.
5.3 Before submitting the purchase order, the Customer may correct any data entry errors by following the applicable editing procedure available on the Site. In particular, the Customer may change the quantity of the products they intend to purchase, by adding or removing one or more products from the "cart".
5.4 By submitting the order, the Customer acknowledges and declares that they have reviewed all the information provided during the purchase process and that they fully accept the General Terms.
6. PAYMENT METHODS
6.1 The Customer may pay the price of the products and the related delivery costs (if due) by bank transfer, credit card, debit card, PayPal, PostePay, and all major credit cards (via the secure and protected Stripe or PayPal servers).
6.2 GREEN LAB SRL may, at its discretion, offer promotional discounts on the final price depending on the payment method chosen by the Customer (for example, a discount for payment by bank transfer or via Stripe). Where applied, such discounts are clearly indicated to the Customer before the order is confirmed, and do not, in any case, constitute a surcharge for the use of a given means of payment, in accordance with applicable consumer protection legislation on payment-method surcharges.
6.3 The transaction will be charged to the Customer's credit/debit card only after:
a) the credit/debit card details have been verified (on the secure PayPal or Stripe servers; GREEN LAB SRL does not have access to such data); and
b) authorization for the charge has been received from the company that issued the credit card used by the Customer.
6.4 GREEN LAB SRL also accepts payments made by bank transfer. Any bank charges will be borne by the Customer.
In the case of payment by bank transfer, the order will be processed upon receipt of the transfer.
7. ORDER ACKNOWLEDGEMENT
7.1 In accordance with Article 53 of the Consumer Code, the Customer receives, at the time of performance of the contract, by e-mail, acknowledgement of receipt of the purchase order sent by the Customer, containing a summary of the General Terms, the essential characteristics of the product ordered, its price, the amount paid, the existence of the right of withdrawal, the geographic address for submitting any complaints, and information on after-sales services and existing commercial warranties.
8. INVALIDITY OF THE ORDER
8.1 No contract shall be deemed concluded between GREEN LAB SRL and the customer where GREEN LAB SRL has well-founded reasons to believe that the customer is not acting on the basis of a genuine interest in purchasing the products ordered, or is exercising the right of withdrawal recognized under Article 10 below in an abusive manner. In such cases, the order submitted by the customer shall be deemed to have no effect whatsoever. GREEN LAB SRL will send the Customer, by e-mail, a communication confirming that the contract has not been concluded, and will also ensure the cancellation of any charge and/or cost borne by the Customer.
9. SHIPPING AND DELIVERY
9.1 Products purchased on the Site will be delivered to the address provided by the Customer. At the time of delivery, the signature of an adult over 18 years of age will be required. Deliveries will not be made to P.O. boxes.
9.2 For each order placed on the Site, GREEN LAB SRL issues a paper or digital receipt for the goods shipped. Legal entities may request an invoice, which will be sent by e-mail to the person named on the order, pursuant to Presidential Decree (D.P.R.) 445/2000 and Legislative Decree 52/2004. The information provided by the Customer at the time of the order is relied upon for issuing the invoice. No changes to the invoice will be possible once it has been issued.
9.3 Any delivery costs are described in detail on the home page, by clicking on "Shipping".
9.4 All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding public holidays and national holidays. GREEN LAB SRL is not liable for unforeseeable delays that are not attributable to its fault.
9.5 Once the order has been placed, the customer will receive a confirmation e-mail.
Once the order has been shipped, the customer will receive a further e-mail with the relevant tracking information.
9.6 Delivery of the goods requires the presence of the Customer or their representative at the recipient's address indicated in the order. Upon delivery of the goods by the Courier, the Customer must check that the number of parcels delivered matches what is stated in the transport document and that the package is intact and has not been tampered with. Any damage to the package and/or the products, or any discrepancy in the number of parcels, must be reported immediately by means of a written note of reservation on the Courier's proof of delivery. This is without prejudice to the consumer Customer's right to rely on the legal guarantee of conformity and on hidden defects that could not be detected at the time of delivery, pursuant to Articles 128 et seq. of the Consumer Code, even where no written note of reservation was made.
10. RIGHT OF WITHDRAWAL AND ALWAYS-FREE RETURNS WITH "SICULIANI.COM"
10.1 Pursuant to the Consumer Code, the Customer, as a private consumer, has the right to withdraw from the purchase Contract for any reason, without needing to provide any explanation and without penalty, within 14 calendar days, subject to the exclusions set out in Section 10.7 of these General Terms.
10.2 The Right of Withdrawal is not available to legal entities (e.g., companies, resellers, etc.) or to natural persons who act for purposes connected with their trade, business, or profession.
10.3 Italian law provides that, except as set out in Section 10.4 below, the costs of returning the goods are to be borne by the consumer Customer.
10.4 We have absolute confidence in the quality of the products available for purchase on our Site, and we therefore want to offer the best possible shopping experience, giving the Customer the option to return goods free of charge, for their greater protection.
Accordingly, if the Customer decides to make use of the "ALWAYS-FREE RETURN" option, they must notify GREEN LAB SRL within 14 calendar days of the date the goods were received:
– by e-mail, sent from the Customer's account e-mail address, to our Customer Service at [email protected];
– by telephone, to our Customer Service number (+39 328 831 2008);
– or by certified e-mail (PEC) to [email protected].
Customer Service will assign a return reference number, will provide instructions for preparing the goods to be returned, and will arrange for our Courier to collect the returned goods from the Customer's address free of charge.
Once the returned goods have been received, our warehouse will verify that they match what was reported to Customer Service, and our Customer Service department will then refund the value of the returned products.
GREEN LAB SRL will reimburse the Customer for all payments received, without undue delay and in any event within 14 calendar days from the day on which it was informed of the Customer's decision to withdraw from the contract, using the same means of payment used for the original purchase, unless expressly agreed otherwise with the Customer. GREEN LAB SRL may withhold the refund until it has received the returned goods, or until the Customer has supplied evidence of having sent them back, whichever is earlier.
10.5 Until the goods are received by GREEN LAB SRL, the shipment is at the risk of the private Customer, who should retain proof of shipment;
If the goods are damaged during transport, GREEN LAB SRL will promptly inform the private Customer.
GREEN LAB SRL is not liable for damage, theft, or loss of the returned products occurring during transport organized through the Courier engaged by GREEN LAB SRL, except in cases of willful misconduct or gross negligence.
10.6 The private Customer will lose the right of withdrawal due to the absence of the essential condition of product integrity (packaging and/or contents), in cases where GREEN LAB SRL establishes:
that the outer packaging is missing or damaged;
that the original inner packaging is missing;
that integral elements of the Product are missing (accessories, parts);
that the product has been damaged for reasons other than transport, provided that such damage results from handling of the goods by the Customer beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
10.7 Without prejudice to the above, the right of withdrawal does not apply to the purchase of Products that are:
sealed and not suitable for return for hygiene reasons or reasons connected with health protection, where they have been opened by the Customer after delivery;
made to measure or personalized;
liable, by their nature, to deteriorate or expire rapidly (e.g., fresh or perishable food products such as delicatessen products).
With reference to the above exclusions from the right of withdrawal, the private Customer acknowledges and accepts that Products "liable to deteriorate or expire rapidly" include both fresh or perishable food products (including wines, spirits, and other beverages, where sold loose or not packaged in a way that ensures their preservation) and opened cosmetics, since the characteristics and quality of such products may be affected by improper storage. Accordingly, for reasons of hygiene and Customer protection, the right of withdrawal applies only to products purchased on the Site that can be returned to GREEN LAB SRL and put back on the market without any risk to the health of consumers.
11. PRODUCT REPLACEMENT
11.1 The procedure for replacing a product or one of its components may be initiated where any of the following situations occurs:
– GREEN LAB SRL has mistakenly shipped a product other than the one the customer ordered, and which is therefore not included in their order. In such cases, the customer must refrain from opening the packaging and must immediately report the error by e-mail to [email protected], so as to allow the appropriate checks to be carried out;
– the product purchased does not conform to the description on the site;
– the product is missing certain components listed on the site.
11.2 In each of the above cases, shipping costs will be borne by GREEN LAB SRL, and the return shipment will be carried out by express courier. A Customer who decides to request the replacement of a product is advised to contact GREEN LAB SRL by e-mail at [email protected] before arranging the return shipment.
11.3 In any case, the Customer will need to have the following information available: the order number and the list of products ordered, both of which are visible in the order confirmation e-mail received when the purchase order was finalized.
11.4 Provided all the required conditions are met, the private Customer will be sent the replacement product in accordance with the order previously submitted.
11.5 If GREEN LAB SRL does not have the replacement product available, it will refund the price of the product within 14 days of receiving the returned Product, using the same payment method used by the Customer at the time of the order.
12. WARRANTY AND CONFORMITY OF PRODUCTS
12.1 GREEN LAB SRL declares that all products listed in the catalogue and offered for sale comply with the standards of, and are approved in accordance with, European Union regulations. GREEN LAB SRL is not liable for any non-conformity with the standards of countries outside the European Union and/or for the lack of approval of the Products in such countries.
12.2 Products sold by GREEN LAB SRL are covered, where applicable, by the manufacturer's voluntary warranty and, for the consumer Customer, by the 24-month legal guarantee of conformity from delivery, pursuant to Articles 128 et seq. of the Consumer Code (Legislative Decree 206/2005, as amended by Legislative Decree 170/2021 implementing EU Directive 2019/771). To make use of the warranty service, the private Customer must keep proof of purchase. The guarantee applies to defects of conformity existing at the time of delivery and which become apparent within 24 months, provided the Product has been used correctly, in accordance with its intended purpose and with the accompanying technical documentation, and provided it is not a Product that is, by its nature, perishable. This legal guarantee is reserved for the consumer Customer.
12.3 In the event of defects of conformity in products sold by GREEN LAB SRL, the private Customer must contact customer service immediately. The legal warranties set out in Articles 129, 130, and 132 of the Consumer Code apply to the sale of the products. The consumer Customer is entitled, at their own choice and provided the type of Product allows it, to have the conformity of the Product restored free of charge by repair or replacement, or, in the cases provided for by law, to an appropriate price reduction or termination of the contract.
12.4 The consumer Customer forfeits these rights if they do not report the defect of conformity to GREEN LAB SRL — including by certified e-mail (PEC) to [email protected] or by e-mail to [email protected] — within two months of the date on which they discovered it, unless the product is, by its nature, perishable or subject to rapid expiry, in which case the defect must be reported as soon as it is discovered and, in any event, before the product's expiry date.
12.5 For Customers other than consumers (legal entities or persons acting in the course of their trade or profession), the warranty against defects provided for under the Italian Civil Code applies, with a term of 12 months from delivery, and the Customer forfeits the rights provided for if they do not report the defect by certified e-mail (PEC) to [email protected] within eight days of discovering it, pursuant to Article 1495 of the Italian Civil Code. If GREEN LAB SRL is, for any reason, unable to provide its Customer with a repaired or replaced product under warranty, it may, where permitted by law, at its discretion refund the full amount paid or replace the product with one of equal or superior characteristics.
12.6 Where the application of the warranties requires the return of the Product, the goods must be returned by the Customer complete with all their parts, unless otherwise agreed.
12.7 The Legal Warranty does not cover any defects or faults caused by accidental events or attributable to the Customer's own fault, or resulting from use of the product that does not comply with its intended purpose and/or with the instructions contained in the product's instructions for use, including those relating to the time and manner of storage of the product.
13. SALE OF ALCOHOLIC BEVERAGES
13.1 The sale of alcoholic products to persons under 18 years of age is strictly PROHIBITED.
Excessive alcohol consumption is harmful to health, including for adults, and moderate consumption is therefore recommended.
GREEN LAB SRL declares that it is aware of the criminal and/or administrative liability arising from the sale of alcoholic substances to minors, or arising from other violations of applicable age limits set by law. Accordingly, where an order includes products whose sale is subject to age restrictions, the Seller undertakes to verify, through a reliable procedure including a check of personal identity and age, that the person placing the order has reached the minimum age required.
14. SALE OF LOOSE / BULK PRODUCTS
14.1 For certain products, GREEN LAB SRL uses minimal packaging made of NATUREFLEX, a COMPOSTABLE material.
The bags carry no labels; the Customer can view the BATCH NUMBER and EXPIRY DATE on the Site at the time of ordering.
15. ERRORS
15.1 Product information provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors.
15.2 GREEN LAB SRL reserves the right to correct errors, inaccuracies, or omissions, even after an order has been submitted, and also to change or update information at any time, provided that such corrections do not affect orders already confirmed to the consumer Customer prior to the change.
16. GOVERNING LAW AND JURISDICTION
16.1 These General Terms are governed by Italian law and must be interpreted in accordance with Italian law, without prejudice to any mandatory consumer-protection provisions that may be more favorable to the consumer Customer under the law of the country in which the consumer Customer has their habitual residence, where applicable.
For disputes arising from the interpretation, validity, and/or performance of these General Terms, where the Customer is a consumer, exclusive jurisdiction shall lie with the court of the place where the consumer resides or is domiciled, pursuant to Article 33(2)(u) of the Consumer Code. For Customers other than consumers, the court of Catania shall have exclusive jurisdiction.
The consumer Customer retains the right to make use of alternative dispute resolution procedures (ADR/ODR), including through the European ODR platform available at https://ec.europa.eu/consumers/odr/.
17. PRIVACY
17.1 The personal data requested when placing an order is collected and processed in order to fulfil the express requests of the Customer and will not, under any circumstances or for any purpose, be disclosed to third parties, except as necessary for the performance of the contract (e.g., couriers, payment processors) or as set out in the Privacy Policy. GREEN LAB SRL guarantees its Customers compliance with applicable data protection legislation, governed by Regulation (EU) 2016/679 (GDPR) and by the Italian Data Protection Code (Legislative Decree 196/2003), as amended by Legislative Decree 101/2018.
17.2 The data controller is GREEN LAB SRL; for further information, please refer to the dedicated Privacy Policy section of the Site.
18. COMPLAINTS
18.1 Any complaint may be submitted by certified e-mail (PEC) to [email protected], or by e-mail to [email protected].
19. CONTACT
For further information, please contact Customer Service directly through the site, in the "Contact Us" section, or by e-mail at the following address: "[email protected]".
