RIGHT OF WITHDRAWAL
Art.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 the Products (goods) purchased on the Site, from the day of receipt by the Customer and in the case of non-delivery due to the absence of the customer from the first delivery attempt of the appointed shipping company;
- 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 consequent digital delivery of the service.
The right of withdrawal is correctly exercised within the withdrawal period referred to in article 52, paragraph 2, and in article 53 of the Consumer Code if the communication relating to the exercise of the right of withdrawal is sent by the Customer before the expiry of the withdrawal period.
Art.2 Pursuant to art. 54 of the Consumer Code, the Customer can 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 page " Return Request Form" on the site ;
- By sending an email with an explicit declaration of reconsideration compliant with the form type of withdrawal referred to in Annex I, part B of the Consumer Code at the address customerservice@robertamartini.it .
Upon receipt of the withdrawal declaration, the Seller immediately communicates to the Customer, via e-mail, a confirmation of receipt of the exercised withdrawal, which will be followed, following the checks, by a further e-mail 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 above information and instructions are also described on our " Exchanges & Returns " page.
Art.3 Pursuant to art. 57 of the Consumer Code, once the withdrawal from the contract has been exercised, the Customer is required to return the Products, sending them independently to the Seller according to the methods and exclusively to the address indicated in the return authorization email 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 case of non-delivery due to the absence of the customer, from the date of the first delivery attempt by the appointed shipping company. The deadline is respected if the Customer sends back the Products independently before the expiry of the period of 14 (fourteen) days. The costs of returning the Products to the Seller are totally borne by the Customer, as is the latter's responsibility in the event of loss or damage to the Products during transport, which is due to a negligent choice of the courier in charge of the shipment. and/or shipping methods. It is therefore recommended to appoint particularly reliable couriers and use shipping methods with tracking.
Art.4 In addition to the terms and methods described in the previous points 1, 2, 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 or washed;
- the Products are delivered to the Customer with an identifying 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, clothing covers, rods, wrapping, etc.) received with the order;
- the Products must not be damaged;
- the Products must not have already been replaced and/or changed in size;
- the Products must be returned by courier, or delivered directly to the physical store indicated by the Seller, within 14 (fourteen) days from receipt of the item;
in the case of Products shipped from a country outside the European Union, import duties and taxes into Italy must be borne in advance by the Customer.
Art.5 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is also excluded in the event that the Customer has purchased tailor-made or personalized Products, or sealed Products which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery.
Art.6 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 e-mail, the acceptance of the withdrawal and the Products thus returned and, subsequently, to refund any price already paid, excluding return shipping costs; any import taxes; customs duties and any other amount not included in the sales 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.
Art.7 In case of refund Pursuant to the aforementioned Legislative Decree no. 206/2005 “Consumer Code” and Legislative Decree 21/2014 which regulates the right of withdrawal, contracts for goods and services for amounts less than €50.00 are excluded from the right of withdrawal. The return with refund using the same payment method can only be requested for orders whose total value is greater than €50
For orders with a value of less than €50 it is possible to request only an exchange of goods (subject to availability and excluding free return shipping) or a return with refund by issuing a voucher.
The Customer can choose between two different methods, to be communicated to the Seller in response to his email accepting the exercised withdrawal:
- Voucher: a discount code corresponding to the price of the returned Products will be sent to the Customer, net of any import taxes, customs duties and any other amount not included in the sales 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 and for products not on promotion;
- Payment refund: for orders paid with PayPal or credit card, the refund, net of any import taxes, return shipping costs, customs duties and any other amount not included in the sales price, is made to the account/ Credit Card from which the payment originated, according to times over which the Seller has no power of control, as these are procedures under the exclusive competence of PayPal or the banking institution issuing the Credit Card. In the case of payment by bank transfer or cash on delivery, the amount will be returned via voucher.
Art.8 If the Customer does not respect the methods and terms for exercising the right of withdrawal referred to in Articles 1 and 2, he will not be entitled to a refund of the sums already paid to the Seller, who will communicate the failure via e-mail 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 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.
Art.9 In any case, the Seller cannot be held responsible for:
- any delays in reimbursement attributable to the Customer (where he had not communicated preferences for reimbursement and/or had communicated incorrect details), banking institutions, payment circuits and/or third parties;
- Products returned by mistake, or damaged or not returned due to the courier's responsibility or attributable to third parties.
Art.10 With the exercise of the right of withdrawal, the Customer has no right to any exchange (size, colour, article, etc.) of Products and vice versa.
Art.11 The Right of Withdrawal cannot be exercised by the Customer who purchases the Products by entering their VAT number for the issue of a commercial invoice. In accordance with Art. 3.1 paragraph C, of the Consumer Code DL 6 September 2005, n. 206, a professional and not a final consumer is defined as the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary.
Art.12 If the purchased product is defective, or has a lack of conformity with what was agreed in the contract, the customer has the right to free of charge: replacement of the defective item . warranty repair .
Last Updated 10/09/2021