RIGHT OF WITHDRAWAL

INFORMATION ON THE RIGHT OF WITHDRAWAL

These provisions govern the exercise of the right of withdrawal (right to cancel) in accordance with EU Directive 2011/83/EU on Consumer Rights and applicable national consumer protection regulations.

Art. 1 - Scope of Application and Consumer Status

In accordance with statutory consumer protection regulations, the right of withdrawal is reserved exclusively for Consumers. A Consumer is defined as any natural person acting for purposes outside their trade, business, craft, or profession. Therefore, the right of withdrawal is expressly excluded for purchases made specifying a corporate/VAT tax ID or on behalf of a business, professional, or commercial 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 statutory period shall expire 14 calendar 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 in a single order and delivered separately, the period expires 14 days from the day of physical possession of the last item. To meet the withdrawal deadline, it is sufficient for the Consumer to submit the communication concerning the exercise of the right of withdrawal via the designated online procedure before the expiration period.

The Consumer shall return the Products at their own expense, sending them to the Seller’s logistics center without undue delay and in any event no later than 14 (fourteen) calendar days from the date 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 14-day period has expired.

Art. 3 - Return Procedure (Arts. 9–14 EU Consumer Rights Directive)

To exercise the right of withdrawal, the Consumer must first transmit an explicit statement of their decision to withdraw by completing the online request form accessible via the specific button in the Website menu on the "Return Request - Right of Withdrawal" page.

Following the online request submission, the Consumer shall independently dispatch the item at their own expense and risk, using a carrier of their choice, together with the duly completed paper withdrawal form inserted inside the package. Goods must be dispatched within the mandatory deadline of 14 days from the date the withdrawal decision was communicated to the Website.

·         Mandatory Documentation: The Consumer is required to place the physical "Withdrawal Form" (initially included inside the received original packaging) inside the package. Should this form be missing or lost, it is the Consumer’s responsibility to download and print it from the "Exchanges & Returns" page.

·         Shipping Charges: Direct costs of returning the goods shall be borne entirely by the Consumer.

·         Notification: Simultaneously with dispatch, the Client is advised to notify the Seller by sending an email to customerservice@robertamartini.it, attaching the shipping receipt or providing the tracking number to enable monitoring of the return.

·         Risk of Transit: Pursuant to applicable consumer rights legislation, the risk of loss, damage, or theft of the goods during return transit remains with the Consumer until physical receipt of the goods at the Seller's warehouse facilities.

Art. 4 - Limits to Goods Handling, Testing Rules, Hygiene Standards, and Diminution of Value

Pursuant to current legislation, the Client shall be 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 acceptance of the return with a full refund is strictly subject to compliance with the following mandatory care, hygiene, and inspection rules:

·         A) Mandatory Testing Rules and Prohibition of Wear: Only a brief trial fitting of the Products (e.g., checking fit or size) is permitted for the sole purpose of verifying fit. This test must be performed with utmost diligence:

o    Footwear & Leather Goods: Footwear must strictly be tried on a completely clean, soft, non-abrasive surface (e.g., a clean rug or cloth). Trying on footwear on outdoor surfaces, dirty/rough floors, or abrasive grounds that could scratch, mark, or alter the sole, welt, heel edges, or heels is strictly prohibited.

o    Products must not have been washed, altered, or damaged. Should Products show clear signs of prolonged wear, dirt, abrasions, deep upper creases, perfume, smoke/detergent odors, stains, or alterations, they will be deemed diminished in commercial value.

·         B) Seals, Security Tags, and Protective Films: Security seals, single-use brand tags, fabric labels, and protective films applied to Products (particularly transparent protective films on shoe soles) form an integral part of the item, certifying authenticity and "brand-new" condition. The Client agrees not to remove, tamper with, or cut them during fitting.

·         C) Packaging and Accessories: Goods must be returned in their intact original packaging (e.g., the original Roberta Martini branded shoe box or protective dust case), which is considered an integral part of the sold Product. Returns must include all original accessories supplied (such as dust bags, protective tissue, hangers, spare laces, or inserts). The original brand box must never be used as the sole outer shipping box: the Client must place the original packaging inside an additional protective outer box (shipping carton or sealed courier bag) to prevent tape or carrier labels from damaging the original brand packaging.

·         D) Valuation of Diminished Value & Hygienic-Sanitary Guarantees: Where Products are returned in violation of sections A, B, and C above, the Seller will perform an internal technical inspection and appraisal. In compliance with public health and hygiene protection standards:

o    If dirt, wear, removal of seals/tags, or damaged original packaging are found, a deduction proportional to the reduced commercial value of the item will be applied, ranging from a minimum of 30% up to 100%.

o    Specifically regarding footwear (especially closed footwear such as boots, sneakers, pumps, or loafers), if traces of perspiration, marks, moisture, visible foot impressions on the insole, unpleasant odors, or organic/epidermal residues resulting from bare-foot or extended wear are detected, the return will be rejected in its entirety for health protection and hygiene reasons (pursuant to statutory exceptions under Art. 16(e) of Directive 2011/83/EU). The objective impossibility to sanitize, disinfect, and resell footwear contaminated with biological residues or perspiration completely eliminates its commercial value; therefore, diminished value will be quantified at 100% of the Product's value (zero refund). The item will remain available for the Client to collect at their own expense pursuant to Art. 7 below.

Art. 5 - Statutory Exceptions to the Right of Withdrawal (Art. 16 EU Directive 2011/83/EU)

The right of withdrawal does not apply, among others, to contracts 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, body jewelry, cosmetics).

Art. 6 - Seller’s Obligations and Refunds

Upon verifying the compliance of the returned goods, the Seller shall refund all payments received from the Consumer, including standard delivery charges.

·         Refund Exceptions: Supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive standard delivery offered by the Seller shall not be reimbursed.

·         Withholding Refund: Pursuant to applicable consumer legislation, 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.

·         Method of Reimbursement:

o    Monetary Refund: Reimbursements (covering product price and initial standard delivery fees) will be processed using the same payment method used for the initial transaction. Processing Times Note: For PayPal or Credit Card payments, posting timelines depend entirely on banking institutions and payment gateway providers; the Seller shall not be held liable for processing delays caused by third-party financial systems.

o    Voucher (Store Credit): As an alternative to a monetary refund, the Client may opt for the issuance of a Store Credit Voucher equivalent to the refundable amount. The Voucher shall remain valid for 360 (three hundred sixty) days from issuance.

Art. 7 - Rejection of Withdrawal and Obligation to Collect

In the event that the terms, timeframes, and integrity requirements set out in Arts. 2, 3, and 4 are not met, the right of withdrawal will not be validly exercised or executed. The Seller will issue prompt written notification to the Client via email, rejecting the return request and specifying the reasons for refusal.

In such cases, the Product remains the property of the Client and will be held available for collection at the Seller’s logistics facilities. The Client is required to arrange, at their own care and expense, for the collection or requested reshipment of the item within a strict maximum period of 30 (thirty) calendar days from receipt of the rejection notice.

Custody terms and liabilities during this period are governed as follows to protect the Seller:

·         A) Complete Exclusion of Liability and Risk of Deprecation: From the moment the refusal communication is sent, the Product remains at the Seller’s premises at the sole risk and responsibility of the Client. The Seller is fully and permanently released from any liability for natural deterioration, loss of commercial value, structural/material degradation (including degradation of adhesives, films, or fabrics), theft, loss, or total/partial damage to the Product. Any prejudice resulting from the passage of time or storage will remain solely at the Client's risk.

·         B) Logistics and Storage Fees: Starting on the 31st (thirty-first) day following the notice of refusal until actual collection or expiration under section C, the Seller reserves the right to charge the Client a flat fee for management, custody, and warehousing amounting to €1.50 (one euro and fifty cents) per calendar day of storage. Release and reshipment of the item will be subject to full settlement of these accrued custody fees and shipping charges via traceable payment method.

·         C) Expiration of Term and Final Release of Liability: If the Client fails to collect the goods or settle advance reshipment/storage fees within a maximum term of 90 (ninety) days from the initial refusal notice, Brand Holding S.r.l. shall be expressly discharged and released from any further obligation of custody and conservation. Upon expiration of this term, the Seller cannot be held liable for any decay, loss, or total loss of value of uncollected items, without prejudice to Brand Holding S.r.l.’s right to claim and demand payment for all accrued storage and administrative costs under section B.

Art. 8 - Statutory Legal Warranty of Conformity

The provisions above apply exclusively to the exercise of the right of withdrawal due to change of mind. In cases of product defects or non-conformity, statutory rights under the Legal Conformity Warranty apply, accessible on the General Terms and Conditions of Sale page.

Last Update Date: 18/06/2026