INFORMATION ON THE RIGHT OF WITHDRAWAL

These provisions govern the exercise of the right of withdrawal in accordance with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (as amended), regulating consumer protection across the European Union.

ART. 1 - SCOPE OF APPLICATION AND ELIGIBILITY

In accordance with Article 2(1) of Directive 2011/83/EU, the right of withdrawal is reserved exclusively for the Consumer, defined as any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession. Therefore, the right of withdrawal is expressly excluded for purchases made using a VAT number or on behalf of a business/professional entity.

ART. 2 - TIME LIMITS FOR EXERCISING WITHDRAWAL

The Consumer has a period of 14 (fourteen) calendar days to withdraw from the contract without giving any reason.

This period expires 14 days from the day on which the Consumer, or a third party other than the carrier and indicated by the Consumer, acquires physical possession of the goods. In the case of multiple goods ordered by the Consumer in one order and delivered separately, the period expires on the day on which the Consumer acquires physical possession of the last good.

To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal via the designated online procedure before the withdrawal period has expired.

The Consumer shall send back the Products at their own expense to the Seller's logistics headquarters without undue delay and in any event no later than 14 (fourteen) days from the day on which they communicated their decision to withdraw from the contract to the Seller. The deadline is met if the Consumer sends back or hands over the Products to the carrier before the period of 14 days has expired.

ART. 3 - RETURN PROCEDURE (ARTICLES 11 & 14 DIRECTIVE 2011/83/EU)

To exercise the right of withdrawal, the Consumer must submit an explicit declaration of their intention to withdraw by completing the online request form, accessible via the dedicated link in the Website menu under "Return Request - Right of Withdrawal".

Following the submission of the online request, the Consumer shall independently ship the goods back using a carrier of their choice and at their own expense, including the completed printed withdrawal form inside the package. The goods must be shipped within the strict deadline of 14 days from the date the withdrawal decision was communicated.

  • Mandatory Documentation: The Consumer is required to place the "Withdrawal Form" inside the parcel (originally included in hardcopy inside the delivered package). If this form is missing or lost, the Consumer must download and print it from the "Exchanges & Returns" page.
  • Shipping Costs: Direct costs of returning the goods are entirely borne by the Consumer.
  • Notification: Concurrently with shipping, the Customer is advised to inform the Seller by sending an email to customerservice@robertamartini.it, attaching the receipt or providing the tracking number to allow monitoring of the return.
  • Risk of Transport (Article 20 Directive 2011/83/EU): The risk of damage, theft, or loss of the goods during return shipping remains entirely with the Consumer until the actual physical receipt of the goods at the Seller’s warehouses.

ART. 4 - LIMITS TO HANDLING GOODS, FITTING GUIDELINES, HYGIENE STANDARDS, AND DIMINUTION IN VALUE

In accordance with EU regulation (Article 14(2) Directive 2011/83/EU), the Consumer is liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.

The right of withdrawal is not excluded a priori, but full refund acceptance is strictly conditional upon compliance with the following mandatory rules regarding care, hygiene, and fitting:

A) Strict Fitting Rules & Prohibition of Wear

Only a brief trial of the Products (e.g., trying on the fit or size) is permitted for the sole purpose of verifying fit. This must be carried out with utmost care:

  • Footwear & Leather Goods: Footwear must strictly be tried on a completely clean, soft, non-abrasive surface (e.g., a carpet or clean cloth). It is strictly prohibited to try on footwear on outdoor surfaces, dirty floors, rough ground, or any surface that could scratch, mark, or alter the sole, welts, heel counters, or heels.
  • Products must not have been washed, modified, or damaged. If Products show evident signs of prolonged use, dirt, abrasions, deep creases on the uppers, perfume or detergent/smoke odors, stains, or alterations, they will be considered diminished in value.

B) Seals, Tags, and Protective Films

Security seals, disposable identification tags, fabric labels, and protective films applied to Products (especially transparent protective films applied to shoe soles) form an integral part of the item, proving its authenticity and "brand new" state. The Customer must not remove, tamper with, or cut them during fitting.

C) Packaging and Accessories

Goods must be returned in their original intact packaging (e.g., the original Roberta Martini shoe box or protective case), which is legally considered an integral part of the sold Product. The return must include all original accessories provided (e.g., dust bags, protective tissue, hangers, spare laces, or inserts).

The brand's original box must never be used as the outer shipping box: the Customer must place the original packaging inside a secondary protective shipping container (shipping cardboard box or sealed courier bag) to prevent tape or carrier labels from damaging the original packaging.

D) Quantifying Diminution in Value & Health/Hygiene Exceptions

If a Product is returned in breach of points A, B, and C above, the Seller will conduct an internal technical inspection and assessment. In accordance with public health and hygiene standards:

  • Where dirt, wear, removal of tags/seals, or packaging damage is identified, a reduction fee proportional to the commercial value loss will be applied (ranging from a minimum of 30% up to 100%).
  • Footwear Hygiene Exception: Specifically regarding footwear (especially closed models such as boots, sneakers, pumps, or loafers), if traces of perspiration, halo marks, humidity, visible footprints on the inner footbed, odor, or biological residues resulting from barefoot or extended fitting are found, the return will be entirely rejected for hygiene and health protection reasons (in accordance with Article 16(e) of Directive 2011/83/EU). The objective impossibility to sanitize, disinfect, and resell footwear affected by biological residue reduces its commercial value to zero (100% value reduction / zero refund). The item will remain available for pickup at the Customer's expense pursuant to Art. 7 below.

ART. 5 - EXCEPTIONS TO THE RIGHT OF WITHDRAWAL (ARTICLE 16 DIRECTIVE 2011/83/EU)

The right of withdrawal is excluded, among other cases, for:

  1. The supply of goods made to the Consumer’s specifications or clearly personalized;
  2. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (e.g., underwear, swimwear, jewelry, cosmetics).

ART. 6 - OBLIGATIONS OF THE SELLER AND REFUNDS

Following confirmation of return conformity, the Seller will refund all payments received from the Consumer, including standard delivery costs.

  • Exceptions: Supplementary costs resulting from the Consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller will not be refunded.
  • Withholding Refund (Article 13(3) Directive 2011/83/EU): The Seller may withhold the refund until having received the goods back, or until the Consumer has supplied evidence of having sent back the goods, whichever is earliest.
  • Refund Modalities:
    • Monetary Refund: Reimbursement will be executed using the same means of payment as used for the initial transaction. Processing times note: For payments made via PayPal or Credit Card, processing times depend strictly on banking institutions and payment gateways; the Seller cannot be held responsible for processing delays.
    • Voucher (Store Credit): Alternatively, the Customer may choose to receive a Store Voucher equal to the refundable amount. The Voucher remains valid for 360 (three hundred and sixty) days from issuance.

ART. 7 - REJECTION OF RETURN AND PICKUP OBLIGATION

If the conditions, terms, or integrity requirements set out in Articles 2, 3, and 4 are not met, the right of withdrawal will not be validly exercised. The Seller will promptly inform the Customer in writing via email, rejecting the return request and specifying the reasons for refusal.

In such cases, the Product remains the property of the Customer and will be held available for pickup at the Seller’s logistics warehouse. The Customer must arrange, at their own care and expense, for the retrieval or redelivery request of the item within 30 (thirty) days from receiving the rejection notice.

Custody terms during this period are governed as follows:

  • A) Complete Exclusion of Liability & Risk of Depreciation: From the date of the rejection email, the Product remains at the warehouse at the sole risk of the Customer. The Seller is fully indemnified from any liability regarding natural decay, deterioration, loss of commercial value, structural material alterations, theft, or total/partial loss of the Product.
  • B) Logistics & Storage Fees: Starting from the 31st (thirty-first) day following the rejection notification until actual retrieval, the Seller reserves the right to charge a flat storage fee of €1.50 (one euro and fifty cents) per day. Release of the item is subject to full settlement of accumulated storage and re-shipping fees via traceable payment.
  • C) Expiration of Deadline: If the Customer fails to retrieve the goods or pay the required shipping/storage fees within a maximum of 90 (ninety) days from the initial rejection notice, Brand Holding S.r.l. shall be released from all further obligations to store or preserve the item, without prejudice to its right to demand payment for incurred storage fees.

ART. 8 - LEGAL GUARANTEE OF CONFORMITY

The provisions above apply exclusively to the right of withdrawal (change of mind). In the case of lack of conformity or defective products, the protections provided by the EU Legal Guarantee (Directive (EU) 2019/771) apply, as detailed in our General Terms and Conditions of Sale.

Last Updated Date: 18/06/2026