GENERAL CONDITIONS OF SALE

PREMISE.

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

It is specified that these General Conditions of Sale exclusively regulate the sending of purchase order proposals for products available on the Site by the User and the acceptance of the same by the Seller. Therefore, the provision of services or the sale of products by parties other than the Seller are not included, 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 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 (by "Consumer Customer" we mean a person person who purchases the products for purposes unrelated to any entrepreneurial or professional activity carried out); it is assumed that the Customer who sends a purchase proposal by entering his VAT number in the area relating to the Customer's personal data is not a "Consumer Customer" but considered a "Professional". Articles 50 to 63 of Legislative Decree no. also apply to Purchase Contracts stipulated by Consumer Customers. 206/2005.
  2. If the User is not a final consumer, he will not be able to exercise the right of withdrawal due to 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 a plurality of orders relating to the same Product even where each order is quantitative corresponding to normal consumption needs.
  4. Brand Holding Srl reserves the right not to accept purchase order proposals for Products from parties who are not end consumers, as well as any other purchase order proposal that does not comply with the General Conditions of Sale and the Terms of Use , communicating the User's failure to accept the order proposal.

Art.2 CUSTOMER REQUIREMENTS.

  1. In order to place orders on the Site and acquire Customer status, the User declares to possess the following mandatory minimum requirements:
    • be an adult, i.e. aged 18 or over;
    • possess and provide a valid email address;
    • 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 meet the requirements as per paragraphs 1,2,3 of the Art. 2.
  2. The purchase of Products on the Site can take place with or without registering an account on the Site.
  3. Registering your account on the Site is free, and the relevant procedure is illustrated in detail in point 6 of the Terms of Use .
  4. To purchase, choose the Product individually (also 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 if the User is registered and if 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 procedure of purchase.
  6. The User can add Products to the cart and find them again when the next browser session is opened thanks to cookies (for information on cookies, consult the Cookie Policy ), but this does not guarantee their actual availability: when he or she proceeds to send the order or when it enters the cart, you will receive a notification if they are sold out in the meantime.
  7. The Products can be added to the cart, if available, wherever they are displayed on the site (navigation by category, homepage, related products, etc.).
  8. When the selection of the Products is completed, the User must examine the cart for a summary and control: to access it, click on the "View cart" or "Cart" link or on the icon representing the cart, displayed in the menu located in every page of the Site.
  9. The cart always indicates the overall total to be paid, including taxes, VAT, shipping costs and any additional costs. If, when ordering, the User enters a delivery destination outside the European Union, the value of the overall price (indicated as "Overall Total" on the "Checkout" page) will be updated without VAT.
  10. The user residing outside the European Union is responsible for import duties and additional costs calculated during customs clearance by the destination Customs.
  11. If the Products in the cart are actually the ones 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”, or “Cashier”, means the virtual depiction and representation of the Seller's store cashier.
  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 logging into your already registered account;
    • register on the Site and therefore 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, by way of example, order header, shipping address and e-mail contact.
  14. The 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 store;
    • payment method, with which the Customer can choose the payment method and obtain the relevant necessary information;
    • review your order, which summarizes all the information on 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 acceptance of the 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 SALE CONTRACT.

  1. Pursuant to Legislative Decree 9 April 2003, n. 70, the Seller provides the following information.
  2. For the purposes of concluding 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 “Checkout”) and clicking on “complete order” or “Pay now”.
  3. Sending the order proposal requires and entails full knowledge and acceptance by the Customer of these General Conditions of Sale, the printing and storage of which is recommended in any case, and constitutes a binding purchase proposal for the Customer.
  4. Once the order proposal has been received, the Seller will send the Customer an automatic email confirming receipt of the Customer's order proposal (email called for brevity "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 the Seller, as well as the assistance service;
    • delivery time of the ordered Products.
  5. Once the order proposal has been received 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 the previous transactions carried out by the Customer on the Site. In the event that the Products ordered are not available (or for sale on the Site at the time of sending the order proposal but subsequently no longer available), or for any reason Brand Holding Srl is unable to process the Customer's order, the Seller will immediately notify the Customer by e-mail and not the contract will be concluded.
  6. The contract is to be considered concluded only when a subsequent email from the Seller accepting the order proposal (called for brevity "Order Summary") arrives at the Customer's e-mail address, with confirmation of the availability of the Products ordered and their subsequent shipment or possible collection availability at one's own store. Only the available Products indicated in this email, or automatic message, accepting the order proposal will therefore be included in the contract.
  7. In the specific case in which the Customer chooses the 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 of express acceptance of the payment proposal arrives at the Customer's e-mail address. the order, 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, accepting the order proposal will be included in the contract. Upon receipt of payment by bank transfer, the Seller will still send the Customer the "Order Summary" email.
  8. 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 e-mail "Order update" referred to in points 4.6 and 4.7 above respectively.
  9. The email accepting the order proposal 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 the Seller, as well as the assistance service;
    • delivery time of the ordered Products.
  10. At the time of shipment, the Customer will receive a further email containing the indication of the courier in charge and the shipment tracking number.
  11. The order proposal, and any subsequent contract concluded, will be archived in the Seller's database for the time necessary for the execution of 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 order, and therefore to the concluded contract, if the order was placed having previously logged in to the account.
  12. There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded, in the event that they are committed, in the procedure of compiling and sending the order, for facts attributable both to the Customer and to the Seller, and also for facts not attributable to them, obvious and recognizable errors or inaccuracies (by way of example but not limited to: errors or inaccuracies relating to the Customer's data, the identification and/or selection of the Products and/or the relative quantities and/or the relative price ).
  13. The purchase contract is subject to the termination condition of non-payment of the price by the Customer, therefore, in the event that the Customer does not pay the price due, the contract will be considered legally terminated. Of this resolution and the consequent cancellation of the order, the Customer will be immediately notified by the Seller via e-mail.
  14. In any case, in the denied hypothesis of a contract not concluded for any reason, which however has already generated a payment of the price by the Customer, the Seller will reimburse the amount already advanced by the Customer himself, through the same channel with which the Customer has payment made. In case of cash on delivery payment, 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 catalog published on the Site itself and viewed by the User when sending the order proposal.
  2. Each Product is described in detail on the specific 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 are inclusive of taxes and duties (VAT), where applicable. 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 inclusive of taxes and duties, where applicable) during the purchase process, before the Customer sends the order proposal, in the receipt of the order proposal ("Order receipt confirmation") and in the order proposal acceptance email.
  4. The prices of the Products may be subject to updates, the Seller reserving the right to modify them at any time. The User is therefore invited to check 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 limits, it being understood that the price of the Product charged to the Customer who has formulated a purchase order proposal will be that indicated in the order summary, displayed by the Customer himself before sending the order proposal and in the relevant receipt, and that any changes subsequent to the transmission of this order will not be taken into account.
  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 could happen that multiple Users purchase the same Product at the same time, or that the latter is purchased offline at a store Seller's physical. In such cases, therefore, the Product may appear available on the Site for a short period of time, although it is instead out of stock or not immediately available (it being possibly necessary to obtain a restock).
  7. If the Product ordered is no longer available for the reasons indicated above, or in any case in other cases of unavailability of the Product, the Seller will immediately notify the Customer by e-mail and the contract will only concern any other Products ordered and available, or, failing that, the contract will not be concluded.

Art.6 GUARANTEES.

  1. The Products sold on the Site are guaranteed by Brand Holding Srl, which carries out retail sales in its physical stores, or online, through the Site (www.robertamartini.eu).
  2. The Products sold on the Site are exclusively top quality goods, made directly under specific indications by manufacturing companies controlled and selected by it. Of the Products sold on the Site, the Seller is the official authorized reseller of the relevant "Roberta Martini" brand.
  3. The Products sold on the Site are of a quality equal 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 terms. For this reason, the description of each Product on the Site will specify the conditions of presentation of the product offered, if they differ from the standards on the market. The Customer is, therefore, invited to always read the description of the Product, or to contact the assistance service by writing to: customerservice@robertamartini.it .
  4. The images and colors of the Products on 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 colors of the Products present slight differences compared to the real ones, due to a particular configuration or malfunction of the device, browser or screen of the device used by the User, or due to the limitations due to the standardization of web data, such as to reduce the weight and information of images reproduced in a "color space" that is often smaller than the visual spectrum of the human eye.
  5. The Products sold on the Site are covered by a twenty-four (24) month legal guarantee for defects 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, certified e-mail or by contacting the assistance service (by writing to: customerservice@robertamartini.it ). In the event of an established 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 burdensome, has the right to a reduction in the price paid or to termination of the sales contract, pursuant to art. 130 of the Consumer Code.
  6. For the return of the Product, the provisions of the Art. 11 of these General Conditions of Sale.

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 can opt for one of the following methods, however indicated on the "Checkout" (or "Checkout" page) ): Credit card; PayPal circuit; request to send money via PayPal circuit; advance bank transfer; Mark. Only in the case of choosing payment by cash on delivery, €5.00 will 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 aforementioned 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 can use the secure remote electronic payment system offered by Stripe, which accepts the most popular credit cards, belonging to the Visa/Visa Electron, MasterCard, American Express circuits. By adopting this payment system, the payment information is encrypted by the SSL (Secure Socket Layer) protocol. Stripe protects Customer 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 invited to consult 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 established and regulated by PayPal and the terms and conditions of the contract agreed with PayPal. The data entered on the PayPal site will be processed directly by the same 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 Customer's credit card data (possibly linked to his account PayPal), or the data of any other payment instrument connected to your PayPal account.
  5. In case of payment by request to send money via PayPal circuit, with the automatic email confirming receipt of the order the Customer will be asked to communicate the email address corresponding to his PayPal account to which the Seller must formalize the request to send money for the sale of goods. Once the Customer communicates this e-mail address, the Seller will formalize the aforementioned request directly via the PayPal platform, so that the Customer can proceed with the payment through this circuit. The Customer guarantees that the e-mail address corresponding to the PayPal account belongs to him and the shipping address indicated on this platform is referable to him, exempting the Seller from any liability deriving from information not correctly communicated by the Customer, or by him reported 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 email accepting the order proposal, which concludes the contract. The Customer is required to indicate, in the reason for the bank transfer, the order number, indicated in the aforementioned email accepting the order proposal. Once payment has been made, a bank transfer receipt must be sent by the Customer to the Seller via email to customerservice@robertamartini.it within 24 hours of sending the order proposal. Otherwise, the order will be canceled and the contract will be considered legally terminated, 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, with the exception of 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 Code", to Users registered on the Site; these discount Coupon Codes can 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 prior notice, and will always be communicated individually to the direct Users concerned.
  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 occur 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 relevant Products.
  6. A discount Coupon Code cannot be applied to orders that have already been processed (i.e. sent to the Seller's system).
  7. If the User is in possession of 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 as a precise monetary value, or a discount defined as a 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 apply to Products whose sales value exceeds by at least €10.00 the value of the code itself.
  9. The specific conditions of use that govern the discount Coupon Codes will be specified at the time of their issuance.

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 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 with the order. sending the order.
  2. The Seller ships the Products ordered with the service provided by affiliated couriers, who track all shipments, in Italy and around the world. At the time of shipment, the Customer will be provided with the shipment tracking number, 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 Delivery Duties Unpaid (DDU), i.e. customs duties and 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 unavailability of the recipient and/or failure to find the address of the recipient due to negligence of the Customer or refusal of the Customer, the order will be returned to the Seller's warehouse and the purchase contract may be considered terminated by right, pursuant to and for the purposes of the art. 1456 cc The Seller will therefore proceed to refund any price already paid by the Customer, minus the costs of unsuccessful shipping, storage costs, return costs to the Seller and any other possible costs incurred by the Seller. due to non-delivery due to the absence or refusal of the recipient. The termination of the contract and the refund amount will be communicated to the Customer by email.
  5. The products in the catalog may offer free shipping. The free shipping will not be valid in cases where the delivery is not successful due to the unavailability of the recipient, failure to find the address of the recipient due to negligence of the Customer or refusal of the Customer.
  6. As specified on the specific " Shipping Costs and Times " page, 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 guarantee traceability: this is the case (but not only) of Russia, whose shipment, always by post, usually takes 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. Should order proposals be received which provide for the delivery of Products to areas not served by a regular shipping service, the Seller reserves the right not to 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 held in the name of Brand Holding Srl and sending a bank transfer receipt will not constitute proof of payment.
  9. Customers who reside in countries that are not part of the European Union are exempt from VAT and will not be charged. At present, 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 does not provide such information or provides incorrect information, any additional costs that the Seller will have to bear to complete delivery of the Product will be his sole responsibility.
  11. When the Customer receives the ordered Products he is required to carefully check the package before signing as proof of delivery of the shipment.
  12. In the event that the package is damaged or if the adhesive tape has been tampered with, the Customer is required to sign the receipt "subject to inspection", specifically indicating the reason for the reservation (for example: "package with holes" or " crushed package”) or to refuse delivery. The unreserved receipt of the Products, in fact, does not allow the Seller to accept any request for reimbursement or compensation for damage 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 willful misconduct or gross negligence of the courier itself 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 known and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.
  13. In the event that the delivery has been accepted with an unauthorized signature or there is evidence of tampering with the package, the Customer is required to immediately report the incident to the courier's local office and contact the Seller by sending an e-mail. -email to customerservic e@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 sales and delivery take place in Italy or within the European Union.
  16. On the contrary, in the 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 foreseen in advance. For this reason, for further information, the Customer is invited to contact the customs office of his country. In any case, any costs relating to import taxes and/or customs duties are the sole and exclusive responsibility of the Customer.

Art.10 RIGHT OF WITHDRAWAL.

  1. In compliance with the 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.
  2. 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 an explicit declaration of exercise of the right of withdrawal from the contract is sent by the Customer before the deadline of the withdrawal period.

  3. 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:

    1. Upon receipt of the withdrawal declaration, the Seller promptly 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.
    2. 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 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 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 independently sends back the Products 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.
    3. In addition to the terms and methods 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 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 have already been replaced and/or changed in size;
      • the Products must not be damaged; the Products must be delivered to the courier in charge of the shipment, 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 into Italy must be borne in advance by the Customer.
    4. 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.
    5. 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 with the exception of extra services requested (express shipments, gift packages); any import taxes; customs duties and any other amount not included in the sales price, in the shortest time possible and, in any case, within 30 (thirty) days from the correct exercise of the Customer's right of withdrawal, as above described in detail
    6. 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 euros 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. Under no circumstances 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 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 of the banking institution 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.
    7. If the Customer does not respect the methods and terms for exercising the right of withdrawal referred to in points 10.2, 10.3 and 10.4, he will not be entitled to a refund of the sums already paid to the Seller, who will communicate the non-acceptance of the made; 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.
    8. 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.
    9. By exercising the right of withdrawal, the Customer has no right to any exchange (size, color, item, etc.) of the Products.
    10. The Right of Withdrawal cannot be exercised by the Customer who purchases products by entering their VAT number. In accordance with Art. 3.1 paragraph C, of ​​the Consumer Code DL 6 September 2005, n. 206, a professional and not a consumer customer is defined as the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary.
    11. 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 .

    Art.11 RETURN OF NON-CONFORMING PRODUCTS.

    1. If the Product delivered does not conform to the order, or is flawed 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 repair or replacement of the Product, or, where such remedies are not possible or are excessively burdensome, you have the right to a reduction in the price paid or termination of the sales contract, pursuant to art. 130 of the Consumer Code.
    2. To request repair or replacement of the non-compliant Product, the Customer must return the Product, following the procedure illustrated on the " Exchanges & Returns " page. Having received the Customer's request, the Seller will provide feedback by e-mail, specifying where and how the Product can be shipped or delivered to the Seller and that the Product itself must be subjected to careful evaluation.
    3. The return will in any case take place 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. Once the returned Product has been received, the Seller will verify the actual existence of the fault or defect complained of and that the damage cannot be attributed 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 of 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 fault or defect complained of and the non-attributability of the damage to the Customer himself or to the normal and correct use of the Product, with times 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 faults, defects or damage to the Product attributable to the Customer or 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 at the sole and exclusive expense of the Customer. Furthermore, in this case, the Customer will be required to reimburse the Seller for the costs incurred for the return (verification and transport) of the Product.

    Art.12 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.13 APPLICABLE LAW AND JURISDICTION.

    1. Without prejudice to the application of mandatory consumer protection regulations, 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, n. 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 User/Customer does not attempt to settle the dispute amicably by contacting the Customer Service of Robertamartini.eu or the European Commission for extra-judicial arbitration, but unilaterally initiates a dispute and/or complaint procedure through the Paypal payment platforms , Stripe, Klarna, Scalapay, 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 these General Conditions of Sale, the Court of Naples will be competent.

    Art.14 MODIFICATION OF THE GENERAL CONDITIONS OF SALE.

    1. These General Conditions of Sale can 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: 20 November 2021