Legal information and Site Terms of Use
Effective as of 8 October 2026
1. ABOUT US
1.1. Nekua S.r.l. (“Nekua”) is an Italian company with registered office at Via Sant’Andrea 19, 20121 Milan, VAT number and tax code 04098410162, certified e-mail (PEC) soulgreen@legalmail.it.
2. SUBJECT MATTER, ACCEPTANCE AND AMENDMENT OF THE TERMS OF USE
2.1. These terms of use of the site (“Site Terms of Use”) govern access to and browsing of the website www.nekua.com (“Site”), owned by Nekua, by anyone accessing the Site (“User”). By browsing the Site, the User accepts these Site Terms of Use.
2.2. The Site Terms of Use are published on the Site in a format that allows them to be stored and reproduced, and may be consulted, printed and downloaded at any time from the relevant section of the Site.
2.3. Nekua reserves the right to amend these Site Terms of Use at any time; accordingly, use of the Site shall be subject to the Site Terms of Use in force from time to time. In order to be informed of any amendments, the User is advised to consult the Site Terms of Use regularly. Use of the Site following the publication of the amendments shall constitute acceptance thereof by the User.
2.4. These Site Terms of Use are also available on the Site in italian. In the event of any discrepancy between the English version and the Italian version, the latter shall prevail.
3. PURPOSE OF THE SITE
3.1. The Site is an online commerce site for the sale of Nekua’s food supplements (“Products”) to Users acting as consumers within the meaning of Legislative Decree No. 206 of 6 September 2005, as subsequently amended and supplemented (“Consumer Code”).
3.2. The sale of Products on the Site is governed by the specific general terms and conditions of sale (“Terms of Sale”), which supplement the Site Terms of Use and which the User is required to accept separately when purchasing Products. In the event of any conflict between the Site Terms of Use and the Terms of Sale in relation to contractual aspects of the sale, the Terms of Sale shall prevail.
4. ACCESS TO THE SITE AND REGISTRATION
4.1. Consulting and browsing the Site are free of charge and do not require registration by the User. Products may also be purchased on the Site by unregistered Users.
4.2. Without prejudice to the foregoing, a User wishing to register on the Site may do so by following the instructions on the Site and entering their e-mail address in order to create a personal account (“Account”).
4.3. Nekua reserves the right to request, at any time, verification of the identity and of the data provided by the User upon registration, within the limits and in the manner set out in the Terms of Sale and in the privacy notice.
4.4. In order to access the Site, the User must have their own Internet connection and IT equipment, the cost of which shall be borne exclusively by the User.
5. INTELLECTUAL PROPERTY
5.1. The texts, images, trademarks, logos, Product descriptions, graphic materials, software and any other element published on the Site, as well as the software and databases comprising the Site (“Content”), are owned by Nekua and/or, as the case may be, by their respective owners, licensors of Nekua, and are protected by copyright, trademark and intellectual and industrial property laws.
5.2. The User is informed that the Site contains Content (images, videos and texts) generated through the use of Artificial Intelligence systems.
5.3. By using the Site, the User does not acquire any right in the Content other than the temporary, non-exclusive and non-transferable right to consult and reproduce it solely for personal and non-commercial use, it being expressly prohibited to modify, distribute or commercially exploit it.
5.4. It is further prohibited to copy and/or modify, in whole or in part, or create a derivative work of the Content, as well as to reverse engineer the Site and its components or in any other way attempt to discover its source code. It is prohibited to use modified versions of the software or to access the Site and the services offered by Nekua without authorisation.
5.5. Nekua reserves the right to take action to protect its Content and the Site, including by recourse to the competent Authorities, and to claim any damages from the User in the event of a breach of the provisions of this article.
6. PERMITTED USE OF THE SITE AND PROHIBITIONS
6.1. The Site and its Content are made available to the User for the purposes of consultation, information and the personal purchase of the Products offered. The User undertakes to use the Site and the Content in compliance with the law and with these Site Terms of Use, as well as in accordance with the principles of good faith and public order.
6.2. Following a purchase, the User may leave a review on Trustpilot concerning the Products and services offered by Nekua, which may be displayed on the Site. The User assumes responsibility for what they have written, and Nekua reserves the right to remove any comments that are contrary to the law, public order or public morality, such as, by way of example and without limitation, comments of a racist nature or comments that are detrimental to the dignity, honour and respect of others.
6.3. Without prejudice to the provisions of art. 5, the User is further prohibited from:
- using the Site for purposes other than those permitted by these Site Terms of Use, including any unauthorised commercial, promotional or competitive use;
- copying, reproducing, distributing, publishing, transmitting or otherwise exploiting the Content of the Site, in whole or in part, by any means;
- publishing parts of the Site on other websites, including by means of framing or hyperlinking techniques, without the prior written authorisation of Nekua;
- posting, transmitting or disseminating, through the Site, content that is unlawful, defamatory, obscene, abusive, in breach of the privacy of others or otherwise contrary to the law, public order or public morality;
- sending unsolicited advertising or promotional material (spamming), or messages or files of such size as to interfere with the operation of the Site or with its use by other users;
- using automated systems (bots, crawlers, scrapers) to access the Site or to extract data from it;
- attempting to gain unauthorised access to restricted areas of the Site, to Nekua’s IT systems or to the accounts of other Users, or compromising the security, integrity or proper functioning of the Site, including through the transmission of viruses, malware or other malicious code.
6.4. Nekua reserves the right to take action to protect its Content and the Site, including by recourse to the competent Authorities, and to claim any damages from the User in the event of a breach of the provisions of this article.
7. USER ASSISTANCE SERVICE. ARTIFICIAL INTELLIGENCE-BASED VIRTUAL ASSISTANT (CHATBOT)
7.1. Nekua makes available to Users, irrespective of any purchase of Products, certain assistance and information services (“Assistance Services”) concerning the Products, the Site and its use, in the following ways:
- an automated conversational assistance service based on an artificial intelligence system (“Chatbot”), accessible from the Site or via WhatsApp at the number +39 340 621 7798;
- an assistance service provided by human operators (“Customer Care”), available Monday to Friday from 9 a.m. to 6 p.m., which may be contacted using the relevant online form in the “Contact” section (“Form”) or at the number +39 0239297031. The User may book a call slot using the Form.
The User may request the intervention of a human Customer Care operator, who will respond during the hours indicated, either in place of or in addition to the interaction with the Chatbot.
7.2. When using the Chatbot, you are invited not to enter any data that is not necessary for your request, in particular data concerning your health. The processing of the data you enter is governed by the Data Protection Notice, which forms an integral part of these Site Terms of Use.
7.3. The User acknowledges that the aforementioned Assistance Services may be subject to malfunctions and/or temporary interruptions, including for technical updating purposes, and including for reasons not attributable to Nekua and for which Nekua is not liable. Nevertheless, Nekua will make every effort to ensure the prompt restoration of the regular operation of the Assistance Services.
7.4. Please note that, when interacting with the Chatbot, you are communicating with an automated system and not with a person. For further information on the processing of personal data in connection with the use of the Chatbot, please consult the privacy notice available in the Privacy Policy section.
7.5. With regard to the Chatbot, in accordance with the transparency principles applicable to artificial intelligence systems intended to interact with natural persons, at the start of each interaction with the Chatbot the User will be informed that they are communicating with an automated system and not with a human operator, unless this is already evident from the circumstances of use. The Chatbot’s responses are generated automatically and may be inaccurate, incomplete or out of date. They do not constitute personalised recommendations or binding commitments and should be assessed with independent critical judgement.
7.6. Please note that the information provided by the Chatbot and by Customer Care is intended for general information and commercial purposes concerning the Products in the catalogue. The Chatbot and Customer Care do not provide medical, nutritional or professional advice and are not a substitute for consulting a doctor or pharmacist, whom the User is invited to consult before taking a food supplement, in particular in the case of allergies or intolerances, ongoing medical conditions or drug therapies, pregnancy or breastfeeding, as well as in the case of minors. Food supplements are not a substitute for a varied and balanced diet and a healthy lifestyle and must not be taken in doses exceeding the recommended daily dose indicated on the label. Before making a purchase, the User must always check the technical data sheet, the list of ingredients, the warnings and the nutritional values published on the page of each Product.
7.7. Nothing in these Site Terms of Use limits or excludes Nekua’s liability in cases where this is not permitted by law, including the mandatory protections afforded to consumers.
8. LINKS TO THIRD-PARTY SITES AND LIMITATION OF LIABILITY
8.1. The Site may contain hyperlinks (links) to websites operated by third parties, included solely for the User’s convenience and without this constituting any approval, promotion or guarantee, express or implied, by Nekua as to the content, products or services offered therein.
8.2. Nekua exercises no control over third-party websites and is not responsible for their availability, accuracy, security or compliance with the law. Such sites are consulted at the User’s sole risk, and the User is invited to read the relevant terms of use and privacy notices; Nekua shall not be held liable for any damage or loss suffered by the User arising from or in connection with the use of, or reliance on, third-party sites and the content, goods and services available thereon.
9. AVAILABILITY OF THE SITE, SECURITY AND MALFUNCTIONS. LIMITATION OF LIABILITY
9.1. Nekua undertakes to maintain the accessibility and availability of the Site at all times and adopts technical and organisational measures reasonably suitable to ensure its security, continuity and proper functioning, without prejudice to technical problems and/or routine updates and/or errors of the Site.
9.2. Nekua reserves the right to temporarily suspend access to the Site for maintenance, updating or security reasons, giving prior notice to Users where possible.
9.3. Nekua does not guarantee that the Site is free from viruses or other harmful elements and shall not be liable for any damage suffered by the User as a result of the transmission of such elements through the Site, except in cases of wilful misconduct or gross negligence attributable to Nekua.
10. SUSPENSION AND BLOCKING OF ACCESS
10.1. In the event of a breach, even partial, of these Site Terms of Use by the User, Nekua reserves the right to suspend or revoke, temporarily or permanently, the User’s access to the Site and the related services, including the User’s Account where registered, without prejudice to the right to compensation for any further damage.
11. COOKIES
11.1. The Site uses cookies and other tracking technologies to ensure its proper functioning and, subject to the User’s consent where required by law, for statistical, profiling and marketing purposes.
11.2. The types of cookies used, their purposes and the ways in which the User may give, modify or withdraw their consent are set out in the cookie policy published on the Site, which forms an integral part of these Site Terms of Use.
12. PROCESSING OF PERSONAL DATA
12.1. The User’s personal data are processed by Nekua, as data controller, in accordance with Regulation (EU) 2016/679 (“GDPR”) and the applicable national legislation, as set out in the privacy notice made available on the Site pursuant to Article 13 of the GDPR, which the User is invited to consult before browsing the Site and, in any event, to accept before registering and submitting a purchase order for Products.
13. OTHER LIMITATIONS OF LIABILITY
13.1. Without prejudice to the provisions of the General Terms of Sale in relation to the contract for the purchase of Products and to the provisions of arts. 7.3, 8.2 and 9.3 of these Site Terms of Use, Nekua does not guarantee that the information published on the Site is always complete, up to date or free from errors, although it takes every reasonable measure to ensure its accuracy.
13.2. Nekua shall not be liable for damage arising from use of the Site by Users that does not comply with these Site Terms of Use, nor for damage suffered by third parties, including the User, due to force majeure or circumstances beyond its control.
13.3. Nothing in this article excludes or limits Nekua’s liability in cases where such exclusion or limitation is not permitted by applicable law, nor does it prejudice the mandatory rights granted to the User as a Consumer under the Consumer Code.
14. PROHIBITION OF TEXT AND DATA MINING
14.1. Pursuant to Article 70-quater of Law No. 633 of 22 April 1941, the extraction of text, Content and data from the Site, from the services offered thereon (the "Services") and from the works, materials and databases published thereon or accessible therefrom is expressly reserved to Nekua.
14.2. Accordingly, save with the prior written consent of Nekua and without prejudice to the exercise, by a User who meets the relevant requirements, of the right under Article 70-ter of Law No. 633/1941, solely within the limits strictly necessary for such exercise, the User and any third party are prohibited from:
- using tools, technologies, software, techniques, processes or manual procedures, whether manual or automated in nature (such as, by way of example, robots, spiders, crawlers, bots or scripts), to extract, store, reproduce, process or otherwise use Content, data or information present on or relating to the Site or the Services. The prohibition includes the mass collection of such content, data or information by means of web scraping or data scraping techniques, as well as access to or collection thereof by automated means. Use solely for the purpose of indexing the pages of the Site by publicly accessible search engines is permitted, within the technical limits strictly necessary for such activity. Any further use of the material so collected is excluded;
- using the Services and/or the Content of the Site (including, by way of example, texts, images, fonts and formats) to develop, train, fine-tune or improve algorithms, programs or software of any kind, including automated learning systems, artificial intelligence systems, machine learning systems and neural networks;
- circumventing, bypassing or rendering ineffective, directly or indirectly and by any means, any restrictions, conditions, blocks or technological measures that regulate or control access to the Site and/or the Services. Means include software, services, devices, tools, processes or manual or automated actions. The prohibition includes overcoming security tools and circumventing access controls or usage limits.
15. SEVERABILITY
15.1. Should any provision of these Terms of Use become null or ineffective, the validity of the remaining Terms of Use shall not be affected and they shall continue to apply in full.
16. GOVERNING LAW AND JURISDICTION
16.1. These Terms of Use are governed by Italian law, including, with regard to a User acting as a Consumer, the Consumer Code.
16.2. Any dispute relating to the validity, interpretation or performance of these Terms of Use shall fall within the jurisdiction of the courts of the place of residence or domicile of the Consumer, in accordance with the Consumer Code.