TERMS AND CONDITIONS

PREMISE.

The offer and sale of products on this website owned by Brand Holding Srl with registered office in Italy, CF / P.IVA 09153331211 – REA Number NA-1012290 (hereinafter, also “Seller”), reachable at the URL www.robertamartini.eu - (hereinafter, “Site”), are governed and regulated by these General Conditions of Sale.

Please note that these General Conditions of Sale exclusively regulate the sending of purchase order proposals for products available on the Site by the User and their acceptance by the Seller. They therefore do not include the provision of services or the sale of products by parties other than the Seller, even if they may be present on the site or reachable, for example, via links, banners, or other types of connections. The Seller is therefore not responsible for the provision of services or the sale of products by the aforementioned third parties.

Art.1 COMMERCIAL POLICY.

  1. The products offered and purchased on the Site (hereinafter, “Products”) are sold directly by Brand Holding Srl, to all Customers, except for certain provisions applicable exclusively to the Consumer Customer (the “Consumer Customer” means a natural person who purchases the products for purposes other than any entrepreneurial or professional activity carried out); it is assumed that the Customer who sends a purchase proposal by entering his/her VAT number in the area relating to the Customer's personal data is not a “Consumer Customer” but is considered a “Professional”. Articles 50 to 63 of Legislative Decree no. 206/2005 also apply to Purchase Agreements stipulated by Consumer Customers.
  2. If the User is not a final consumer, he/she will not be able to avail himself/herself of the right of withdrawal for explicit reconsideration.
  3. All order proposals and returns made on the Site must correspond to normal consumption needs, both in relation to the number of Products purchased with a single order and in the case of multiple orders relating to the same Product even where each order quantitatively corresponds to normal consumption needs.
  4. Brand Holding Srl reserves the right not to accept proposals for purchase orders of Products from subjects who are not final consumers, as well as any other purchase order proposal that does not comply with the Terms And Conditions and to Terms of Use , communicating to the User the non-acceptance of the order proposal.

Art.2 CUSTOMER REQUIREMENTS.

  1. In order to place orders on the Site and acquire the status of Customer, the User declares to possess the following minimum mandatory requirements:
    • be of legal age, that is, be 18 years of age or older;
    • have and provide a valid email address
    • have and provide a valid telephone number;
    • possess the capacity to act and therefore be able to enter into legally binding contracts.

Art.3 PURCHASE PROCEDURE.

  1. As already clarified, the purchase of Products on the Site is permitted only to Users who have the requirements as per paragraphs 1,2,3 of Art. 2.
  2. The purchase of Products on the Site can take place with or without registering an account on the Site.
  3. Registering an account on the Site is free, and the relevant procedure is explained in detail in point 6 of the Terms of use .
  4. To purchase, choose the Product individually (even in its size) and click on “Add to cart”. The cart represents a virtual position of the User in which the chosen Products are stored and ready to be paid for, both in the case in which the User is registered and in the case in which he decides to proceed with the purchase without registration.
  5. Adding Products to the cart does not guarantee the possibility of completing the purchase: the Products in the cart remain simultaneously available to other online Users and customers present in the physical store, until one of them completes the purchase procedure operation.
  6. The User can add Products to the cart and find them again when opening the next browser session thanks to cookies (for information on cookies, see the Cookie Policy ), but this does not guarantee their actual availability: when you proceed to send the order or when you enter the cart, you will receive a notification if they are sold out in the meantime.
  7. Products can be added to the cart, if available, from any position on the site they are displayed (category navigation, homepage, related products, etc.).
  8. Once the selection of Products is complete, the User must examine the cart for a summary and check: to access it, click on the link "View cart" or "Cart" or on the icon depicting the cart, displayed in the menu on each page of the Site.
  9. The cart always indicates the total amount to be paid, including taxes, VAT, shipping costs and any additional costs. If, during the ordering process, the User enters a delivery destination outside the European Union, the value of the total price (indicated as “Total amount” on the “Checkout” page) will be updated without VAT.
  10. The duties and additional costs for import calculated at the time of customs clearance by the destination Customs remain the responsibility of the user residing outside the European Union.
  11. If the Products in the cart are actually those desired, following the User's check, the latter must click on "Proceed to Checkout" (or, alternatively, "Proceed to Payment"), on the cart page, or on "Go to Checkout", in the menu on any page. "Checkout" means the virtual representation of the Seller's store cash register.
  12. If the Customer has not yet logged in as a registered User, he/she can choose to finalize the purchase in three ways:
    • as a guest customer, without access to your account;
    • by accessing your already registered account;
    • register on the Site and then access your newly registered account.
  13. Even in the first case, the customer will still have to provide some data necessary to manage the order such as, for example, order header, shipping address and email contact.
  14. Checkout is divided into 4 (four) main points:
    • order header and shipping address;
    • shipping method, with which the Customer can choose how to receive the ordered Products, or, if applicable, whether to collect them directly from the Seller's shop;
    • payment method, with which the Customer can choose the payment method and obtain the necessary related information;
    • review your order, which summarises all the information about the order, the Products ordered, the shipping and payment methods chosen, with the relative prices and the indication of the amount of taxes and duties (VAT)
  15. By clicking on the boxes corresponding to "I have read and fully accept the Terms of use and the Privacy Policy ” and “By sending the order proposal, I fully accept the General Conditions of Sale”, and then on “Send order”, the User will complete the purchase procedure, sending the order to the Seller.
  16. Without the acceptance of Terms of use , Privacy Policy and General Conditions of Sale, as indicated in the previous point, it is not possible to forward the order to the Seller.

    Art. 4 CONCLUSION OF THE SALES CONTRACT.

    1. Pursuant to Legislative Decree 9 April 2003, n. 70, the Seller provides the following information.
    2. In order to conclude the sales contract, the User (hereinafter also “Customer”) must send, electronically, via the Site, a purchase order proposal, by filling in the appropriate form on the “Checkout” page (or “Cashier”) and clicking on “complete order” or “Pay now”.
    3. Sending the order proposal requires and entails the Customer's full knowledge and acceptance of these General Conditions of Sale, which we recommend printing and keeping in any case, and constitutes a binding purchase proposal for the Customer.
    4. Upon receipt of the order proposal, the Seller will send the Customer an automatic email confirming receipt of the Customer's order proposal (email referred to for brevity as "Order Receipt Confirmation"), which in no way constitutes acceptance of the Customer's order proposal, containing:
    • General Conditions of Sale applicable to the contract, via link to this page, containing conditions and methods for the exercise of the right of withdrawal by the Customer and the recognition of the legal guarantee of conformity of the Products;
    • information on the essential characteristics of each Product ordered and its price (including taxes or duties);
    • delivery methods of the Products and related shipping/delivery costs;
    • contact details and methods of contact of the Seller, as well as of the assistance service;
    • delivery date of the ordered Products.
    1. Upon receipt of the order proposal from the Customer, Brand Holding Srl reserves the right to confirm the availability of the Products ordered, as well as to verify the details of previous transactions carried out by the Customer on the Site. In the event that the Products ordered are not available (or on sale on the Site at the time the order proposal is sent but subsequently no longer available), or for any reason Brand Holding Srl is unable to fulfill the Customer's order, the Seller will immediately notify the Customer by e-mail and the contract will not be concluded.
    2. The contract is to be considered concluded only when a subsequent email from the Seller accepting the order proposal (called “Order Summary” for brevity) arrives at the Customer's email address, confirming the availability of the Products ordered and their subsequent shipment or possible availability for collection at one of its stores. Therefore, only the available Products indicated in this email, or automatic message, accepting the order proposal will be included in the contract.
    3. In the specific case in which the Customer chooses bank transfer as the payment method, the contract is to be considered concluded at the different moment in which a subsequent email from the Seller expressly accepts the order proposal, with confirmation of the availability of the Products ordered and the indication of the bank details to make the payment (email or automatic message called for brevity "Order Update"). Only the available Products indicated in this email, or automatic message, of acceptance of the order proposal will be included in the contract. Upon receipt of payment by bank transfer, the Seller will in any case send the Customer the "Order Summary" email.
    4. There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded, until the Seller has sent the Customer the “Order Summary” email or, in the case of payment by bank transfer, the “Order Update” email referred to in the previous points 4.6 and 4.7 respectively.
    5. The order proposal acceptance email will also contain a summary of:
    • General Conditions of Sale applicable to the contract, via link to this page, containing conditions and methods for the exercise of the right of withdrawal by the Customer and the recognition of the legal guarantee of conformity of the Products;
    • information on the essential characteristics of each Product ordered and its price (including taxes or duties);
    • delivery methods of the Products and related shipping/delivery costs;
    • contact details and methods of contact of the Seller, as well as of the assistance service;
    • delivery date of the ordered Products.
    1. Upon shipment, the Customer will receive an additional email containing the name of the courier in charge and the shipment tracking number.
    2. The customer is fully responsible for the accuracy of the data entered at the time of ordering: name and surname; delivery address; billing address; email address and telephone number. If the data registered at the time of ordering are incorrect, Brand Holding Srl will be exonerated from any misunderstanding for:
    • failure to deliver;
    • orders in stock;
    • unavailability at the address.
    1. any costs incurred for redelivery and/or release of storage and/or return to sender will be entirely borne by the customer.
    2. The order proposal, and the subsequent contract eventually concluded, will be archived in the Seller's database for the time necessary to execute the contract and, in any case, within the terms of the law. The Customer, if in possession of a personal account on the Site, will be able to access the data relating to his/her order, and therefore to the concluded contract, if the order was made having previously logged in to the account.
    3. There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded, in the event that, in the order compilation and sending procedure, evident and recognisable errors or inaccuracies are committed, due to facts attributable to both the Customer and the Seller, and also due to facts not attributable to them (by way of example and not limited to: errors or inaccuracies relating to the Customer's data, to the identification and/or selection of the Products and/or the relative quantities and/or the relative price).
    4. The purchase contract is subject to the termination condition of the Customer's failure to pay the price, so that, in the event that the Customer does not pay the price due, the contract will be considered terminated by law. The Customer will be immediately notified by the Seller of such termination and the consequent cancellation of the order via email.
    5. In any case, in the unlikely event of a contract not concluded for any reason, which has however already generated payment of the price by the Customer, the Seller will refund the amount already paid by the Customer through the same channel with which the Customer made the payment, with the exclusion of contracts with an amount lower than €50.00 pursuant to Legislative Decree no. 206/2005 "Consumer Code" and Legislative Decree 21/2014 which regulates the right of withdrawal . In the event of payment on delivery, the refund must necessarily be made by bank transfer, after contacting the Customer.
      Art. 5 PRODUCTS SOLD, PRICES AND THEIR AVAILABILITY.
      1. The Products that can be purchased on the Site from the Seller are the items present in the electronic catalogue published on the Site itself and viewed by the User at the time of sending the order proposal.
      2. Each Product is described in detail on the information page dedicated to it, which will also indicate the price and availability of the Product itself.
      3. The prices displayed for the Products are in Euros and include taxes and duties (VAT), where applicable. The delivery costs, which may vary in relation to the chosen delivery method and/or in relation to the payment method used, will be specifically indicated (in Euros and include taxes and duties, where applicable) during the purchase process, before the Customer sends the order proposal, in the order proposal receipt (“Order Receipt Confirmation”) and in the order proposal acceptance email.
      4. The prices of the Products may be subject to updates, with the Seller reserving the right to modify them at any time. The User is therefore invited to verify the price of the Products before sending the order proposal.
      5. The Seller reserves the right to change the price of the Products at any time, without any limitations, it being understood that the price of the Product charged to the Customer who has made a purchase order proposal will be that indicated in the order summary, viewed by the Customer before sending the order proposal and in the related receipt, and that no account will be taken of any variations subsequent to the transmission of such order.
      6. Although the availability of the Products is constantly monitored and updated by the Seller, since the Site can be visited simultaneously by multiple Users, it may happen that multiple Users purchase, at the same time, the same Product, or that the latter is purchased offline at a physical store of the Seller. In such cases, therefore, the Product may appear on the Site, for a short period of time, available, even if it is out of stock or not immediately available (it may be necessary to obtain its restocking).
      7. Where the ordered Product is no longer available for the reasons indicated above, or in any case in other cases of subsequent unavailability of the Product, the Seller will immediately notify the Customer by e-mail and the contract will only have as its object any other Products ordered and available, or, in the absence of such, no conclusion of the contract will be made.

      Art.6 WARRANTIES.

      1. The Products sold on the Site are guaranteed by Brand Holding Srl, which carries out retail sales in its own physical stores, or online, through the Site (www.robertamartini.eu).
      2. The Products sold on the Site are exclusively first quality goods, made directly under specific instructions at manufacturing companies controlled and selected by it. Of the Products sold on the Site, the Seller is an official authorized reseller of the relative brand “Roberta Martini”.
      3. The Products sold on the Site are of equal quality to the corresponding standards offered on the market, they are not used, irregular or vintage. However, the clothing and fashion accessories sector is constantly evolving and offers treatments on objects that could be inconsistent with the quality according to the Customer's judgment. For this reason, the description of each Product on the Site will specify the conditions of presentation of the product offered, if different from the standards present on the market. The Customer is therefore invited to always read the description of the Product, or to contact the customer service, writing to: customerservice@robertamartini.it .
      4. The images and colours of the Products for sale on the Site may not correspond to the real ones due to the Internet browser and the screen of the device used by the User. The Seller declines all responsibility regarding the possibility that the colours of the Products may present slight differences compared to the real ones, due to a particular configuration or malfunction of the device, the browser or the screen of the device used by the User, or due to the limits due to the standardization of web data, such as to reduce the weight and information of images reproduced in a "colour space" often reduced compared to the visual spectrum of the human eye.
      5. The Products sold on the Site are covered by the legal guarantee of twenty-four (24) months for lack of conformity, in accordance with the law. The lack of conformity of the Product must be communicated to the Seller within two (2) months of its discovery, by registered mail with return receipt, certified email or by contacting the assistance service (writing to: customerservice@robertamartini.it ). In the event of a proven lack of conformity, subject to verification by the Seller, the Customer has the right to request the repair or replacement of the Product, or, where such remedies are not possible or are excessively onerous, has the right to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
      6. Cases of exclusion of the Legal Guarantee: The legal guarantee does not cover defects of conformity resulting from accidental damage or breakage, improper or negligent use of the Product, failure to observe the instructions and indications for use or incorrect maintenance of the Product. It is also excluded for defects, breakages attributable to normal use and deterioration of use.
      7. For the return of the Product, the provisions of Art. 11 of these General Conditions of Sale apply.

      Art.7 PAYMENT METHODS.

      1. To pay the price of the products (including taxes and duties, if applicable), and the related shipping and delivery costs, the Customer may choose one of the following methods, however indicated on the “Checkout” page (or “Cashier”): Credit Card; PayPal circuit; request to send money via PayPal circuit; advance bank transfer; Cash on delivery. Only in the case of choosing payment by cash on delivery will €5.00 be charged for management costs. The Seller reserves, in any case, the unquestionable right to suspend, without notice and justification, one or more of the above-mentioned payment methods.
      2. The Customer is required to follow the following payment procedures in order to purchase the Products ordered, depending on the payment method chosen by him.
      3. In case of payment by Credit Card, the Customer may use the secure remote electronic payment system offered by Stripe, which accepts the most popular credit cards, adhering to the Visa/Visa Electron, MasterCard, American Express circuits. By adopting this payment system, the information relating to the payment is encrypted by the SSL (Secure Socket Layer) protocol. Stripe protects the Customer's data, as no financial information is passed to the Seller, who does not store, retain or access the financial and personal data provided during the transaction. For any information, the Customer is referred to the Stripe website.
      4. In case of payment via PayPal, the Customer will be redirected to the PayPal website. The payment will be sent to the seller's PayPal account, according to the procedure provided and regulated by PayPal and to the terms and conditions of the contract agreed with PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller, who is therefore not able to know and does not store in any way the data of the Customer's Credit Card (possibly linked to his PayPal account), or the data of any other payment instrument connected to his PayPal account, if any.
      5. In case of payment by request to send money via PayPal, with the automatic order receipt confirmation email the Customer will be asked to communicate the email address corresponding to their PayPal account to which the Seller must formalize the request to send money for the sale of goods. Once the Customer communicates this email address, the Seller will formalize the aforementioned request directly via the PayPal platform, so that the Customer can proceed with the payment via this circuit. The Customer guarantees that the email address corresponding to the PayPal account belongs to him and the shipping address indicated on this platform refers to him, exonerating the Seller from any liability deriving from information not correctly communicated by the Customer, or reported by him on the PayPal platform.
      6. In case of payment by advance bank transfer, the Customer will be provided with the bank details for the transfer with the order proposal acceptance email, which concludes the contract. The Customer is required to indicate, in the reason for the bank transfer, the order number, indicated in the aforementioned order proposal acceptance email. Once the payment has been made, a bank transfer receipt must be sent by the Customer to the Seller by email to customerservice@robertamartini.it within 24 hours of sending the order proposal. In the absence of this, the order will be cancelled and the contract will be considered terminated by law, pursuant to point 4.13 of these General Conditions of Sale. The shipment of the purchased Products will be carried out only after receipt of the bank transfer by the Seller, and consequently the delivery terms of the Products will start from that date.
      7. In all cases, except for payment by advance bank transfer, the price for the purchase of the Products and the related shipping costs will be charged to the Customer's account (Credit Card, PayPal) at the time of sending the acceptance, by the Seller, of the Customer's order proposal and, therefore, at the time of conclusion of the contract.

      Art.8 DISCOUNT COUPON CODES.

      1. The Seller may offer codes, called “Discount Coupon Codes”, to Users registered on the Site; such Discount Coupon Codes may only be applied to purchases made through the User account for which they were offered and registered, and are to be considered strictly personal and non-transferable.
      2. Discount Coupon Codes may have various origins and are generated without any prior notice, and will always be communicated individually to the interested Users.
      3. Discount Coupon Codes may not be cumulative: the Seller will specify if and when only one can be used per order.
      4. The use of a discount Coupon Code can take place with a maximum spending limit, which will in any case be indicated by the Seller if it is set.
      5. Some products may be excluded from some promotions and, therefore, it will not be possible to use the discount Coupon Code for the order of the related Products.
      6. A discount Coupon Code cannot be applied to orders already processed (i.e. sent to the Seller's system).
      7. If the User has a discount Coupon Code, he/she must write it in the appropriate space that appears in the final phase of the Checkout procedure (“Review your order”) under the indication “Coupon Code” or “Discount Code” and then click on “Apply Coupon”: the overall total of the final price will then be updated automatically.
      8. Discount Coupon Codes can represent discounts, promotions or initiatives, which can be applied in various ways: for example, it can be a discount defined in a precise monetary value, or a discount defined in percentage value on the purchase. The discount Coupon Code with a monetary value cannot in any way be converted into money to be sent to the Customer, but will be a discount applicable on the purchase, and will only be applied to Products whose sales value exceeds the value of the code itself by at least €10.00.
      9. The specific conditions of use governing the discount Coupon Codes will be specified at the time of their issue.

      Art.9 SHIPPING OF PRODUCTS AND DUTIES.

      1. The delivery of the Products is subject to payment and, unless otherwise provided, the delivery costs are borne by the Customer. The amount of the delivery costs due in relation to a specific order is expressly and separately indicated (in Euros and inclusive of taxes and duties, if applicable) during the purchase process and in the order summary, before the Customer proceeds to send the order.
      2. The Seller ships the ordered Products with the service provided by contracted couriers, who track all shipments, in Italy and worldwide. The Customer, at the time of shipment, will be provided with the tracking number of the shipment, so that he can follow the progress of the shipment of his order.
      3. In any case, for shipments destined outside the European Union, the shipping service is of the Delivery Duties Unpaid (DDU) type, meaning that duties and customs charges, import taxes and local taxes are always paid by the recipient Customer.
      4. Couriers make deliveries from Monday to Friday, during office hours. In the event that the delivery is not successful due to the recipient being unavailable and/or failure to locate the recipient's address due to the Customer's negligence or refusal by the Customer, the order will be returned to the Seller's warehouse and the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Civil Code. The Seller will therefore proceed to refund the price already paid by the Customer, minus the costs of the failed shipment, storage costs, return costs to the Seller and any other costs incurred by the Seller due to the failed delivery due to the absence or refusal of the recipient. The termination of the contract and the amount of the refund will be communicated to the Customer by email.
      5. Catalog products may offer free shipping. Free shipping will not be valid in cases where delivery fails due to the recipient being unavailable, failure to find the recipient's address due to negligence by the Customer or due to refusal by the Customer.
      6. As specified on the specific page “ Shipping Costs and Times ”, if it is not possible to use an express courier for shipments outside Italy, the Seller may ship via national and international post offices, indicating a shipping code to the Customer, without however guaranteeing traceability: this is the case (but not only) for Russia, where shipment, always by post, is usually completed with times ranging between 20 and 30 working days. The Customer is invited to contact the Seller for any further information on delivery times, by writing an email to customerservice@robertamartini.it .
      7. In the event that order proposals are received that provide for the delivery of Products to areas not served by a regular shipping service, the Seller reserves the right to not accept the order proposal.
      8. The shipment of the Products takes place exclusively and strictly following receipt of payment by Brand Holding Srl: it is specified that, in the case of payment by bank transfer, the Seller will wait for the actual credit in currency to the current account in the name of Brand Holding Srl and the sending of a bank transfer receipt will not constitute proof of payment having taken place.
      9. Customers residing in countries outside the European Union are exempt from VAT and will not be charged. Currently, the countries that are part of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czechoslovakia, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
      10. The Customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that he/she does not provide such information or provides incorrect information, any additional costs that the Seller will have to sustain to complete the delivery of the Product will be at his/her sole expense.
      11. When the Customer receives the ordered Products, he/she is required to carefully check the package before signing as proof of delivery of the shipment.
      12. In the event that the packaging is damaged or if the adhesive tape is tampered with, the Customer is required to sign the receipt "with reservation of control", specifically indicating the reason for the reservation (for example: "holed package" or "crushed package") or to refuse delivery. In fact, the receipt of the Products without reservations does not allow the Seller to accept any request for reimbursement or compensation for damages by the Customer, nor to take legal action against the courier in the event of loss or damage to the Products, unless the loss or damage is due to fraud or gross negligence of the courier and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is discovered and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
      13. In the event that the delivery has been accepted with an unauthorized signature or evidence of tampering with the package is found, the Customer is required to immediately report the incident to the local courier office and contact the Seller by sending an email to customerservice@robertamartini.it
      14. In any case, shipping times may vary based on the availability of the Products and any forecasts are indicative and limited to the Italian territory.
      15. The Products sold are not subject to import taxes or customs duties, if the sale and delivery take place in Italy or within the European Union.
      16. On the contrary, in case of deliveries to countries that are not part of the European Union, the Products may be subject to import taxes and/or customs duties, depending on the type of product and the country of destination, which cannot be predicted in advance. For this reason, for further information, the Customer is invited to contact the customs office of his/her country. In any case, any costs relating to import taxes and/or customs duties are the sole and total responsibility of the Customer.

      Art.10 RIGHT OF WITHDRAWAL.

      1. In accordance with art. 52 of the Consumer Code, the Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 (fourteen) calendar days starting from:
      • for Products (goods) purchased on the Site, from the day of receipt by the Customer and in the event of non-delivery due to the customer's absence, from the date of the first delivery attempt by the appointed carrier;
      • for services (for example: Discount Coupon Codes), from the day of conclusion of the contract, i.e. from the sending of the Customer's order to the Seller's systems and subsequent digital delivery of the service.
      1. The right of withdrawal is correctly exercised within the withdrawal period referred to in Article 52, paragraph 2, and Article 53 of the Consumer Code if an explicit declaration of exercise of the right of withdrawal from the contract is sent by the Customer before the expiry of the withdrawal period.
      2. Pursuant to art. 54 of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller by sending the Seller an explicit declaration of exercise of the right of withdrawal from the contract, using the following method:
      • Request via Web using the form on the " Return Request Form " page of the site;
      • By sending an email with an explicit declaration of reconsideration in accordance with the standard withdrawal form in Annex I, Part B of the Consumer Code to the address customerservice@robertamartini.it.
      1. Upon receipt of the declaration of withdrawal, the Seller will promptly communicate to the Customer, via email, a confirmation of receipt of the withdrawal exercised, which will be followed, following the checks, by a further email of acceptance or refusal of the withdrawal, depending on whether or not the methods and terms of exercising this right indicated below have been respected. The aforementioned information and instructions are also described on our " Exchanges & Returns " page.
      2. Pursuant to art. 57 of the Consumer Code, once the right of withdrawal from the contract has been exercised, the Customer is required to return the Products, shipping them independently to the Seller according to the methods and exclusively to the address indicated in the return confirmation sent by the same, without undue delay and in any case within 14 (fourteen) days from the date of receipt of the product by the Customer and in the event of non-delivery due to the absence of the customer, starting from the first delivery attempt by the appointed carrier. The deadline is respected if the Customer independently sends the Products back before the expiry of the 14 (fourteen) day period. The costs of returning the Products to the Seller are entirely borne by the Customer, as is the responsibility of the latter in the event of loss or damage to the Products during transport, which is due to a negligent choice of the courier appointed for the shipment and/or the shipping methods.
      3. In addition to the terms and conditions described in the previous points 10.1, 10.2 and 10.3, the right of withdrawal is considered correctly exercised if the following conditions are also fully respected:
      • the Products must not have been used, worn, washed;
      • the Products if delivered to the Customer with an identification and disposable tag: it must still be present, well preserved and, in the case of disposable seals, attached in the original position;
      • the Products must be returned in their original packaging, if it is disposable it must not have been opened and must still be well sealed;
      • the Products must still have all the original labels, packaging and accessories (dust bags, hangers, garment covers, rods, wrapping, etc.) received with the order;
      • the Products must not have already been replaced and/or changed in size;
      • the Products must not be damaged;
      • The soles of the shoes are provided with sealing and protective films and must not be removed. The soles must be in perfect condition and show no signs of any kind.
      • the Products must be delivered to the courier responsible for shipping, or delivered directly to a physical store indicated by the Seller, within 14 (fourteen) days from the communication to the Seller of withdrawal from the contract;
      In the case of Products shipped from a country outside the European Union, import duties and taxes in Italy must be paid in advance by the Customer.
      1. Pursuant to art. 59 of the Consumer Code, the right of withdrawal is also excluded in the event that the Customer has purchased Products packaged to measure or personalized, or sealed Products that are not suitable for return for hygiene or health protection reasons and that have been opened after delivery.
      2. If, following adequate verification by the Seller, the right of withdrawal has been exercised following the methods and terms indicated above, the Seller will send the Customer, via email, the acceptance of the withdrawal and of the Products thus returned and, subsequently, will refund the price already paid, with the exception of the extra services requested: express shipping; gift packages; advanced storage and/or return costs; any import taxes; customs duties and any other amount not included in the sale price, in the shortest possible time and, in any case, within 30 (thirty) days from the correct exercise of the Customer's right of withdrawal, as described in detail above.
      3. Pursuant to Art. 47, paragraph 2 of Legislative Decree no. 206/2005 “Consumer Code” and Legislative Decree 21/2014 which regulates the right of withdrawal, individual contracts for goods and services of modest value, with an amount equal to or less than 50.00 Euro, are excluded from the right of withdrawal . The return with refund on the same payment method can only be requested for refunds whose total value is greater than €50. For orders with a value less than €50, it is possible to request only the size change, subject to availability and payment of the two return shipments of the size to be replaced and the return of the product in the new size. The Customer can choose between two different methods, to be communicated to the Seller in response to his/her email of acceptance of the exercised withdrawal:
      • Voucher: the Customer will be sent a discount code corresponding to the price of the returned Products, net of any import taxes, customs duties and any other amount not included in the sale price. This Voucher can be used within 180 (one hundred and eighty) days from the time of issue in a single solution for an order that has a value equal to or greater than the refund. In no case can the voucher be converted into cash;
      • Payment Refund: for orders paid with PayPal or Credit Card, the refund, net of any import taxes, customs duties, return shipping costs and any other amount not included in the sale price, will be made to the account/Credit Card from which the payment originated, according to timeframes over which the Seller has no power to control, as these are procedures under the exclusive jurisdiction of PayPal, or the bank issuing the Credit Card. In the case of payment by bank transfer or cash on delivery, the amount will be returned to the Customer by means of a voucher, in any case, within 30 (thirty) days from the correct exercise of the Customer's Right of Withdrawal.
      1. If the Customer does not comply with the methods and terms for exercising the right of withdrawal referred to in points 10.1, 10.2, 10.3 and 10.6, he/she will not be entitled to a refund of the sums already paid to the Seller, who will communicate via email the non-acceptance of the return; in this case, within 14 (fourteen) days of receiving the Seller's email, the Customer may request to receive the Products again, at his/her own expense, in the state in which they were returned to the Seller. In the event of refusal by the Customer, the Seller may retain the Products, in addition to the price already paid for their purchase.
      2. In any case, the Seller cannot be held responsible for:
      • any delays in the refund attributable to the Customer (where he/she has not communicated refund preferences and/or has communicated incorrect coordinates), banks, payment circuits and/or third parties; for products returned without sender and/or order information;
      • products returned by mistake, or damaged or not returned due to the carrier's responsibility or attributable to third parties.
      1. By exercising the right of withdrawal, the Customer is not entitled to any exchange (size, color, article, etc.) of Products.
      2. The Right of Withdrawal cannot be exercised:
      • by the Customer who purchases the Products by entering his/her VAT number for the issuance of a commercial invoice. Pursuant to Art. 3.1 paragraph C, of ​​the Consumer Code Legislative Decree 6 September 2005, n. 206, a professional and not a final Consumer is defined as a natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.
      • by the Customer who sent a request for a change of size/color and it was completed by the seller with the sending of the new size and/or color.
      • by the Customer who has purchased products on sale, on promotion or with discounts Of liquidation of goods for end of series or end of season.
      • For purchases made during PROMOTIONAL periods, returns are permitted exclusively with a refund in the form of a voucher.
      1. If the purchased product is defective, or has a lack of conformity with what was agreed in the contract, the customer has the right free of charge: to repair under warranty if possible and not too expensive, to replace the item; and finally, if not available, to a refund.

      Art.11 REQUESTS FOR REPLACEMENT FOR SIZE/COLOUR CHANGE

      1. It is possible to request the replacement of purchased items only with items of the same model and only once, by exchanging for a different size/color if available.
      2. The size change form can be reached at the link Exchanges & Returns published on the site at the bottom of each page. The customer is required to follow the automated wizard. It is not permitted to request a change of size and/or color by phone and/or email.
      3. Once the item has been received by BRAND HOLDING SRL and processed, BRAND HOLDING SRL will proceed with the shipment of the new item.
      4. Items must be shipped inside the BRAND HOLDING SRL box and placed in a second package to preserve the original box. They must also be packaged appropriately, in the same way in which they were received. Only if the original box is no longer usable, can another suitable package be used to ship the items.
      5. Items must be returned with all labels and identification tags attached originally and including all original packaging and accessories received with the item ordered. Returned items that are missing the original accessories will not be accepted and will be sent back to the customer with the customer being charged for shipping costs.
      6. Shoes and accessories must be returned intact together with their original box, which is considered to all intents and purposes an integral part of the product itself and which must not have been damaged and/or altered in any way, nor used as the sole external packaging. The soles of the shoes must be in perfect condition and not show signs of any kind.
      7. BRAND HOLDING SRL reserves the right to refuse requests for size or color changes for which our General Conditions of Sale have not been respected. In these cases the goods will be returned to the sender at the original shipping address with shipping costs charged to the customer.
      8. The customer will be responsible for the return shipping costs and the storage costs for both the original shipment and the size change in the event that the customer refuses delivery and/or does not collect the product subject to the size or color change placed in storage, without any exceptions.

          Art.12 RETURN OF NON-CONFORMING OR DEFECTIVE PRODUCTS.

          1. If the delivered Product does not comply with the order, or is faulty or defective, upon verification by the Seller, the Customer, as already recognized in point 6.5 of these General Conditions of Sale, has the right to request the repair or replacement of the Product, or, where such remedies are not possible or are excessively onerous, has the right to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
          2. To request the repair or replacement of the non-compliant Product, the Customer must return the Product, following the procedure illustrated on the “Exchanges & Returns” page. Upon receipt of the Customer’s request, the Seller will provide feedback by email, specifying where and how the Product can be shipped or delivered to the Seller and that the Product itself must be carefully evaluated.
          3. In any case, the return will be at the Customer's expense, including any costs relating to import taxes and/or customs duties.
          4. The Seller reserves the right to request photographic evidence before authorizing the return of defective Products.
          5. Upon receipt of the returned Product, the Seller will verify the actual existence of the reported defect or fault and the non-attributability of the damage to the Customer himself or to the normal and correct use of the Product. The so-called supervening defects, i.e. defects due, for example, to the use of the Product or its lack or poor maintenance, are to be considered excluded from the legal guarantee.
          6. If necessary, the Seller will send the Product to its manufacturer, so that the latter can ascertain the actual existence, or otherwise, of the complained defect or fault and the non-attributability of the damage to the Customer himself or to the normal and correct use of the Product, with timeframes that may vary – without this representing any obligation for the Seller, but only for information purposes – from 15 (fifteen) to 45 (forty-five) days.
          7. In the event of defects, faults or damage to the Product attributable to the Customer or to the normal use of the Product, the Seller will communicate to the Customer, by e-mail, the reasons for the failure to apply the remedies of the legal guarantee and the methods for recovering the returned Product, with costs fully and exclusively borne by the Customer. In this case, furthermore, the Customer will be required to reimburse the Seller for the costs incurred for the return (verification and transport) of the Product.

          Art.13 PROCESSING OF PERSONAL DATA.

          1. The personal data of Users/Customers will be processed as illustrated in the Privacy Policy .
          2. For any further information on the processing of personal data, you can contact the Seller by writing to customerservice@robertamartini.it .

          Art.14 APPLICABLE LAW AND COMPETENT COURT.

          1. Without prejudice to the application of mandatory provisions for the protection of the consumer, these General Conditions of Sale are governed by Italian law and, in particular, by the civil code, the Consumer Code and Legislative Decree 9 April 2003, no. 70.
          2. In the event of disputes between the Seller and each User/Customer, arising from the General Conditions of Sale, we inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr.
          3. If the Customer does not attempt to define any request for assistance, by way of example and not limited to: Return of Right of Withdrawal or Replacement or repair under Warranty by contacting the Customer Service of Robertamartini.eu or the European Commission for extra-judicial arbitration, but unilaterally starts a dispute and/or complaint procedure through the payment platforms Paypal, Stripe, Klarna, Scalapay, he will be required to pay € 20.00 (Twenty euros) as a penalty for compensation of the commissions incurred by the Seller.
          4. For all disputes relating to the purchase of Products on the Site and/or to these General Conditions of Sale, the Court of Naples (Italy) will have jurisdiction.

          Art.15 MODIFICATION OF THE GENERAL CONDITIONS OF SALE.

          1. These General Conditions of Sale may be modified unilaterally by the Seller at any time and are to be considered effective from the date of publication on the Site.

           

          Last Updated: August 29, 2024