GENERAL TERMS AND CONDITIONS OF SALE

Accessing and purchasing on websites owned by Nido S.r.l. implies full and unconditional acceptance of these General Terms and Conditions of Sale (“GTC”), updated in accordance with current Italian and European regulations.

ARTICLE 1 – COMPANY

Nido S.r.l. is a limited liability company with its operational headquarters at Via Del Giglio, 27 – 47841 Cattolica (RN), share capital of €10,000.00 – VAT number 04549710400, registered with the Rimini Companies Register, R.E.A. 420873.
Contacts:
● Email: info@nidopro.com
● Website: www.nidopro.com

ARTICLE 2 – PURPOSE

These GTC regulate the rights and obligations related to the sale of products and services offered by Nido S.r.l. on its websites (“Site”), including products provided as Original Equipment Manufacturer (“OEM”). By placing an order, the Customer declares to be at least 18 years old, to be a consumer as defined by art. 3 of Legislative Decree 206/2005 (Consumer Code), and to own or have access to an email address provided to Nido S.r.l.

ARTICLE 3 – CHARACTERISTICS OF PRODUCTS AND SERVICES

Detailed information on the essential characteristics of the products and services is available in the respective product sheets on the Site. Nido S.r.l. is committed to providing accurate and updated descriptions in accordance with art. 49 of the Consumer Code. Images and photos of the products are indicative and may not perfectly represent the product’s characteristics, which may vary in color, size, or accessories.

ARTICLE 4 – TERMINOLOGY

● Services: The range of sales services offered on the Sites of Nido S.r.l.
● Customer: Any adult natural person legally capable of creating an account and wishing to purchase Nido S.r.l. Services.
● Order: Any purchase or booking of a product or service made by the Customer on the Site according to these GTC.

ARTICLE 5 – ACCESS TO SERVICES

Access to Services is subject to mandatory registration on the Site. During registration, the Customer must provide truthful and complete information, including a valid email address and other data necessary for processing the Order. The Customer is responsible for the confidentiality of their access credentials and agrees to notify Nido S.r.l. immediately of any unauthorized use of their account.

ARTICLE 6 – ORDER PLACEMENT, PRICES, AND BILLING

6.1. Order Placement
Customers can complete orders by accessing Nido S.r.l.’s Sites, browsing the products and services offered, and adding them to the “Cart.” Before confirming the Order, the Customer must carefully check the contents of the Cart, including product details, quantities, and prices.
6.2. Order Confirmation
By clicking “Purchase” and proceeding with the payment, the Customer declares to fully and unconditionally accept these GTC. After payment confirmation, the Order is considered final. Nido S.r.l. will send an order confirmation via email, containing a summary of the purchase and shipping information.
6.3. Payment Methods
Purchases can be paid for using:
● Credit Card: VISA, MasterCard, American Express. The Order will be deemed effective only after authorization by banking payment centers. Credit card transactions are protected and encrypted to ensure maximum security.
● PayPal: The payment is charged or declined immediately.
● Bank Transfer in Advance: The Order will be processed only after the payment is confirmed in Nido S.r.l.’s bank account. Bank details will be provided when this payment method is selected.
The Customer guarantees they are authorized to use the chosen payment method and that sufficient funds are available to cover all costs resulting from the Order.
6.4. Prices and Transparency
Product and service prices include VAT for consumers (excluding VAT for professional customers) and are expressed in Euros (€). Any shipping costs will be indicated separately before the final Order confirmation. For promotions or discounts, the previous price applied within the last 30 days will be indicated in accordance with the Omnibus Directive (Legislative Decree of March 7, 2023, n. 26).
6.5. Billing
Invoices will be issued upon payment receipt and sent to the Customer via email to the address provided during registration. The Customer must verify the billing data and promptly communicate any corrections.
6.6. Non-Payment
In the event of non-payment, transaction refusal, or any issues related to payment collection, Nido S.r.l. reserves the right to suspend or cancel the Order. Additionally, if the Customer has created a personal account, Nido S.r.l. may suspend or cancel access to the Services, without prejudice to the right to claim interest and damages incurred. Electronic communications and data exchanged between the parties via the Site hold legal and evidentiary value. Records in Nido S.r.l.’s information system will serve as full evidence between the parties.

ARTICLE 7 – AVAILABILITY OF PRODUCTS AND SERVICES

7.1. Availability Information
The products and services offered on the Site are available while supplies last. Availability is regularly updated but may change quickly due to simultaneous sales on the Site.
7.2. Unavailability After Order Placement
If a product or service is partially or completely unavailable after the Order has been placed, the Customer will be promptly informed via email.
The Customer can choose between:
● Replacement: Delivery of a product or service of equivalent quality and price, subject to stock availability.
● Refund: Refund of the price paid for the ordered product or service within thirty days of notification.
Shipping costs for the delivery of a new product or service will not be charged to Nido S.r.l.

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1. Scope of Application
In accordance with Articles 52 and following of the Consumer Code (Legislative Decree 206/2005), the Customer has the right to withdraw from the contract, without providing reasons, within 14 calendar days from the date of product delivery or, in the case of services, from the date of contract conclusion.
8.2. Exceptions to the Right of Withdrawal
The right of withdrawal is excluded under Article 59 of the Consumer Code in the following cases:
● Supply of goods made to measure or clearly personalized.
● Supply of goods likely to deteriorate or expire rapidly.
● Supply of sealed goods that cannot be returned for hygiene or health protection reasons and that have been unsealed after delivery.
● Supply of audiovisual products or sealed software opened by the Customer.
● Supply of newspapers, periodicals, and magazines.
● Services already fully performed with the Customer’s express agreement before the withdrawal period expired.
8.3. Withdrawal Procedure
To exercise the right of withdrawal, the Customer must:
● Send an explicit communication via email to info@nidopro.com or by registered letter to the address: Nido S.r.l., Via Del Giglio, 27 – 47841 Cattolica (RN).
● Use the withdrawal form template (Annex 1) or any other explicit statement of the decision to withdraw from the contract.
8.4. Product Return
The Customer must return the product to Nido S.r.l. without undue delay and, in any case, within 14 days from the date the withdrawal was communicated to the address provided by customer service.
The product must be returned:
● Intact: In perfect condition, unused, and complete with all its parts (original packaging, accessories, manuals, etc.).
● In Original Packaging: The packaging must be carefully sealed to avoid damage during transport.
Shipping costs for returning products, as well as the risks of damage during transport, are borne by the Customer. The Customer is responsible for any reduction in product value resulting from handling that goes beyond what is necessary to establish its nature, characteristics, and functioning.
8.5. Return of Used Products
In the case of returning products showing signs of use or wear exceeding what is necessary to establish their nature, characteristics, and functioning, Nido S.r.l. reserves the right to:
● Apply a Reduction in Value: The refund will be reduced in proportion to the reduction in the product’s value, corresponding to the cost required to restore the product to its original resale condition.
● Refuse the Return: If the product is not resellable due to damage or excessive wear, Nido S.r.l. may return the product to the Customer, upon prior communication.
Before proceeding with any charges or return refusals, Nido S.r.l. will inform the Customer of the product’s condition and the available options. The Customer may choose to accept the proposed charge or to receive the product back.
8.6. Refund
Nido S.r.l. will refund all payments received from the Customer, excluding shipping costs, within 14 days from the date it is informed of the withdrawal decision, using the same payment method used by the Customer unless otherwise agreed.
The refund may be withheld until the goods are received or until the Customer provides proof of having returned the goods.

ARTICLE 9 – LEGAL WARRANTY OF CONFORMITY

9.1. Duration and Scope
All products sold by Nido S.r.l. are covered by the legal warranty of conformity as provided by Articles 128-135 of the Consumer Code. The warranty is valid for 24 months from the date of delivery and covers non-conformities existing at the time of delivery.
For consumable products, the warranty is limited to 6 months. The following items are considered consumable:
● Electrodes/pH and EC probes.
● Dosing pumps.
● Gaskets and O-rings.
9.2. Non-Conformity
A product is considered non-conforming when:
● It is not suitable for the use for which goods of the same type are normally used.
● It does not conform to the description or does not possess the qualities presented by the seller.
● It does not offer the qualities and performance normally expected from a good of the same type that the consumer can reasonably expect.
9.3. Customer Rights
In the event of a non-conformity, the Customer is entitled to:
● Repair or replacement of the product at no cost (excluding return shipping costs).
● An appropriate price reduction or contract termination if repair or replacement is impossible or excessively burdensome.
9.4. Warranty Procedure
The Customer must:
● Report the non-conformity within 2 months of its discovery by sending a communication to info@nidopro.com.
● Provide proof of purchase (invoice, receipt) and a detailed description of the defect.
Nido S.r.l. will evaluate the request and, if accepted, proceed with the repair or replacement of the product within a reasonable time frame.
9.5. Warranty Exclusions
The warranty does not cover:
● Defects caused by improper, negligent, or non-compliant use as per the instructions.
● Products that have been modified, repaired, or altered by unauthorized third parties.
● Defects caused by external factors (accidents, lightning, power surges, etc.).
9.6. Digital Products and Services
For digital products and services, Nido S.r.l. guarantees compliance with technical specifications and the absence of functional defects at the time of delivery. Additionally, it commits to providing necessary updates to maintain compliance over time, as required by applicable regulations.

ARTICLE 10 – COMPLAINT PROCEDURE

10.1. How to Submit a Complaint
The Customer may submit complaints or reports by contacting Nido S.r.l.’s customer service:
● Email: info@nidopro.com
● Mail: Nido S.r.l., Via Del Giglio, 27 – 47841 Cattolica (RN), Italy.
10.2. Response Time
Nido S.r.l. commits to responding to complaints within 5 working days of receipt.
10.3. Complaint Handling
The complaint will be reviewed by customer service, which will provide the Customer with a reasoned response and, if applicable, propose an adequate solution to the reported issue.

ARTICLE 11 – SECURITY AND DATA PROTECTION

11.1. Transaction Security
The Site uses advanced protection systems to ensure the security of transactions and personal data. Payment information is encrypted via the SSL (Secure Socket Layer) protocol and is not accessible to third parties.
11.2. Personal Data Protection
Nido S.r.l. processes the Customer’s personal data in compliance with EU Regulation 2016/679 (GDPR) and Legislative Decree 101/2018. Data is used exclusively for the execution of the Order and related purposes.
11.3. Purpose of Data Processing
The Customer’s personal data will be processed for the following purposes:
● Managing and executing the purchase Order.
● Communications regarding future sales, events, and promotions via email or other communication means, with the Customer’s prior consent.
● Improving the services offered, including personalizing the Site experience.
11.4. Data Subject Rights
The Customer has the right to:
● Access their personal data.
● Request the rectification, update, or deletion of data.
● Object to data processing for legitimate reasons.
● Request the limitation of data processing.
To exercise these rights, the Customer may send a request to:
● Email: info@nidopro.com
● Mail: Nido S.r.l., Via Del Giglio, 27 – 47841 Cattolica (RN), Italy.

ARTICLE 12 – ACCOUNT MANAGEMENT AND SECURITY

The Customer is responsible for the confidentiality of their access credentials (username and password) and agrees to:
● Not disclose their credentials to third parties.
● Immediately inform Nido S.r.l. in case of unauthorized access or suspected security breaches.
● Ensure they log out at the end of each session.
Nido S.r.l. will not be responsible for any losses or damages resulting from the failure to comply with these obligations.

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

13.1. Ownership of Content
The content of Nido S.r.l.’s Site, including but not limited to text, images, logos, graphics, icons, photographs, software, and any other material, is the exclusive property of Nido S.r.l. and is protected by Italian and international copyright and intellectual property laws.
13.2. Usage Restrictions
It is prohibited to:
● Copy, reproduce, modify, publish, transmit, distribute, sell, or transfer any Site content without prior written consent from Nido S.r.l.
● Use the Site’s content for commercial purposes or distribution to third parties.
13.3. Trademarks and Logos
The trademarks, logos, and other distinctive signs on the Site are registered or unregistered and are the property of Nido S.r.l. or their respective owners. The use of these trademarks without authorization is prohibited.

ARTICLE 14 – LIMITATION OF LIABILITY

14.1. Improper Use of Products
Nido S.r.l. is not responsible for damages or losses resulting from:
● Use for purposes other than those intended.
● Use in unsuitable environments or conditions (e.g., exposure to incompatible temperatures, humidity, or chemicals).
● Installation of accessories or components not expressly authorized by Nido S.r.l.
14.2. Product Performance
Any work the Customer intends to carry out with the products, deviating from technical specifications or market standards, must be agreed upon in advance with Nido S.r.l. Failure to do so exempts Nido S.r.l. from liability for product performance, and warranty coverage for defects or non-conformity is excluded.
14.3. Customer-Requested Modifications
Any modifications or customizations requested by the Customer for the products will be subject to separate negotiation and will be quantified separately in terms of cost.
14.4. General Limitation of Liability
Nido S.r.l. shall not be liable for indirect losses, incidental or consequential damages, including but not limited to loss of profits, business interruption, data loss, reputational damage, or other economic losses. Furthermore, Nido S.r.l. excludes any liability for direct or indirect damages to property or persons resulting from the use of products, within the limits permitted by applicable law.
14.5. Force Majeure
Nido S.r.l. is not responsible for delays or failures due to force majeure or events beyond its control, such as natural disasters, wars, acts of terrorism, strikes, pandemics, or disruptions to IT networks.

ARTICLE 15 – CERTIFICATIONS AND COMPLIANCE REQUIREMENTS FOR LOCAL REGULATIONS

15.1. Customer Responsibility
The Customer is responsible for:
● Obtaining at their own expense all necessary certifications, licenses, and authorizations required in the destination country for the products.
● Ensuring that the products comply with applicable local regulations, technical standards, and safety requirements.
15.2. Indemnification
The Customer indemnifies and holds Nido S.r.l. harmless from:
● Costs for obtaining certifications and licenses required in the destination country.
● Any liability arising from the lack of such certifications and licenses.
● Legal consequences arising from the non-compliance of the products with local regulations.

ARTICLE 16 – DELIVERY CONDITIONS

16.1. Delivery Location
Products will be shipped to the address provided by the Customer at the time of the Order. A delivery address different from the billing address can be chosen.
16.2. Delivery Times
● Available Products: The indicative delivery time is 10 working days from Order confirmation.
● Pre-sale Products: Delivery may take up to 4 months. Nido S.r.l. will inform the Customer of the estimated delivery times.
16.3. Delivery Delays
Any delays will be communicated to the Customer via email. Nido S.r.l. is not responsible for delays caused by events beyond its control.
16.4. Customer Absence
If the Customer is absent at the time of delivery:
● The courier will make up to three delivery attempts.
● If delivery is unsuccessful, the package will be returned to Nido S.r.l.
● Customer Service will contact the Customer to arrange a new shipment. If there is no response, the Order will be canceled without a refund.
16.5. Issues Upon Receipt
The Customer must check the package’s integrity upon delivery and report any damage or anomalies immediately:
● Conditional Acceptance: If damage is suspected, the Customer may accept the package “with reservation,” specifying the reason.
● Reporting Issues: Any problems must be reported to info@nidopro.com within 24 hours of delivery.

ARTICLE 17 – CONFIDENTIALITY OBLIGATION

17.1. Commitment of the Parties
Each party agrees to consider and treat as confidential all technical, commercial, financial, or other information of the other party acquired in connection with the contract.
17.2. Duration of Obligation
The confidentiality obligation is valid:
● For the entire duration of the contract.
● For five years following the termination of the contract.
17.3. Exclusions
The following are not considered confidential information:
● Information that is in the public domain at the time of its disclosure.
● Information that becomes public without breaching the confidentiality obligation.
● Information already known to the receiving party prior to disclosure.
17.4. Use of Information
Confidential information may only be used to execute the contract and may not be disclosed to third parties without the other party’s written consent.

ARTICLE 18 – ALTERNATIVE DISPUTE RESOLUTION (ADR)

18.1. Attempt at Amicable Settlement
In the event of disputes, the Customer is invited to contact Nido S.r.l. to find an amicable solution.
18.2. ODR Platform
Pursuant to EU Regulation No. 524/2013, the Customer can access the European Online Dispute Resolution (ODR) platform:
● Link: https://ec.europa.eu/consumers/odr

ARTICLE 19 – JURISDICTION AND APPLICABLE LAW

These GTC are governed by Italian law and will be interpreted accordingly. For any disputes relating to the interpretation, execution, or resolution of the contract, the Court of Rimini shall have exclusive jurisdiction.
Prevalent Language Clause: In the case of GTC drafted in multiple languages, the Italian version shall prevail in the event of discrepancies or differing interpretations.

ARTICLE 20 – CONTRACT DURATION AND TERMINATION CONDITIONS

20.1. Contract Duration
For subscription services related to software or digital services:
● Minimum Duration: 12 months or “lifetime,” according to the option chosen by the Customer.
● Renewal: Upon expiration, the subscription may be renewed under the conditions in effect.
20.2. Customer Termination
The Customer may terminate the subscription contract with a 30-day notice by sending a written communication to info@nidopro.com. The termination will take effect at the end of the current subscription period. No refunds are provided for already paid periods.
20.3. Termination for Non-Compliance
In the event of a violation of the GTC by the Customer, Nido S.r.l. may terminate the contract with immediate effect, following written communication.

ARTICLE 21 – SAFEGUARD CLAUSE

If any provision of these GTC is declared invalid or unenforceable under applicable law, the remaining provisions will remain fully valid and effective. The parties agree to negotiate in good faith a valid substitute clause that closely approximates the original intent.

ARTICLE 22 – ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

By placing an Order on the Site, the Customer declares to have read, understood, and fully accepted these General Terms and Conditions of Sale and, where applicable, the specific conditions of sale.

ARTICLE 23 – MISCELLANEOUS

23.1. Entire Agreement
These GTC constitute the entire agreement between the Customer and Nido S.r.l. and replace any prior understandings or agreements, whether oral or written, relating to the subject of the contract.
23.2. Communications
Communications between the parties will preferably take place via email at the addresses indicated in these GTC or provided by the Customer at the time of the Order.

NOTE
The Customer is encouraged to keep a copy of these General Terms and Conditions of Sale for future reference.

Legal Value of Electronic Communications
Communications and data exchanged between the parties through the Site have legal and evidentiary value. In the event of disputes, records in the IT system of Nido S.r.l. will serve as full proof between the parties, without prejudice to the Customer’s right to provide contrary evidence.

Prevalent Italian Language Version
In the case of GTC drafted in multiple languages, the Italian version shall prevail over any other version in case of discrepancies or divergent interpretations.