FOREWORD
These General Terms and Conditions of Sale (hereinafter, "GTC") govern the offer and sale of products under the brand name "Roberta Martini" through the website www.robertamartini.eu (hereinafter, the "Website"). The Website is the property of the trademark owner of "Roberta Martini". The sale of products and the operational management of the Website are entrusted, under a specific licensing agreement, to:
SCOPE OF APPLICATION – These GTC exclusively regulate the sale of products on the Website between the Seller and the User. They do not apply to services or products provided by third parties (even if present on the Website via links, banners, or other hyperlinks). The Seller is not responsible for transactions carried out with such third parties.
Art. 1 – COMMERCIAL POLICY AND RECIPIENTS
1.1 Definition of Customer – The Seller offers its Products for sale to different types of users. The distinction between Consumer and Professional determines the application of different statutory rights:
1.2 Purchase Limits and Use of Products – Sales on the Website are strictly intended for personal use. Brand Holding S.r.l. reserves the right not to accept or to cancel orders that:
1.3 Right to Reject Orders – In accordance with its commercial policy, the Seller reserves the right to refuse purchase proposals that do not comply with these General Conditions or originate from parties that do not provide sufficient guarantees of solvency. In such cases, the User will be informed via email.
Art. 2 – REQUIREMENTS FOR PURCHASE
In order to place a purchase order on the Website and acquire Customer status, the User must meet the following minimum requirements:
Art. 3 – PURCHASING PROCEDURE
3.1 Order Procedure – Purchases can be made either as a Registered User or as a Guest. Registration is free and allows users to track their order history. To complete a purchase, the User must select the Products (specifying size/color) and add them to the shopping cart.
3.2 Product Availability – Placing a Product in the cart does not constitute a reservation. The Product remains available for purchase by other Users or at the physical retail store until the payment procedure is fully completed. If a Product becomes out of stock during the session, the system will notify the User prior to final order confirmation.
3.3 Prices and Extra-EU Costs – The total price indicated in the cart includes VAT (where applicable) and shipping charges (if applicable).
(Non-EU Customers) – For shipments outside the European Union, VAT will be deducted at checkout. However, any customs duties, import taxes, and clearance fees levied by local authorities upon importation remain the exclusive responsibility of the Customer.
3.4 Conclusion of the Purchase Flow – The purchase procedure ("Checkout") consists of the following steps:
3.5 Acceptance of Terms – The contract is deemed concluded when the User clicks the "Pay Now" button (or equivalent command). By submitting the order, the Customer explicitly declares to have reviewed, understood, and fully accepted these General Terms and Conditions of Sale, the Privacy Policy, and the Terms of Use.
Art. 4 – CONCLUSION OF THE CONTRACT
4.1 Order Submission – Placing an order through the Website constitutes a binding purchase offer by the Customer. By clicking "Complete Order" or "Pay Now", the Customer confirms full acceptance of these General Conditions.
4.2 Order Receipt and Acceptance – The sale process is structured in two distinct stages:
4.3 Handling Unavailability and Errors – Should Products be unavailable or in the event of obvious pricing or descriptive errors, Brand Holding S.r.l. will promptly inform the Customer. In such cases, the order will be canceled and any payment already processed will be fully refunded.
4.4 Bank Transfer Payments – When selecting Bank Transfer, the contract is concluded upon receipt of the acceptance email containing banking details. The order will be processed only upon actual receipt of funds.
4.5 Responsibility for Delivery Details – The Customer is solely responsible for the accuracy of the details provided (address, name on intercom, phone contacts). Any additional charges arising from incorrect or incomplete data (storage fees, re-deliveries, returns to sender) shall be borne entirely by the Customer.
4.6 Storage – Every contract will be stored digitally in the Seller's database in compliance with European e-Commerce regulations (Directive 2000/31/EC). Registered Customers can view their orders by accessing their personal area on the Website.
Art. 5 – PRODUCTS, PRICES, AND AVAILABILITY
5.1 Catalog, Descriptions, and Technical Enhancements – Offered Products are those described in the respective product sheets. The Seller makes every effort to represent item characteristics as accurately as possible. However:
5.2 Prices and Variations – All prices are expressed in Euros (€) and include applicable VAT.
5.3 Delivery Costs and Additional Fees – Shipping costs are not included in the product price and are calculated during checkout.
5.4 Availability Management and "Permanent" Line – The online catalog is synchronized with inventory and physical retail locations. However, simultaneous purchases by multiple users may cause temporary product unavailability. In case of subsequent unavailability:
5.5 Promotions, Bundled Sales, and Multipack Offers (e.g., "3x2" Promotion)
For promotional campaigns based on bundled or combined purchases (such as "3x2" or "Buy 3, get the cheapest free"), the application of the discount or free item is conditional upon keeping the entire promotional bundle (i.e., all 3 products).
If the Customer exercises the right of partial withdrawal by returning one or more items belonging to the bundle:
To retain the original benefit of a "3x2" promotion, the Customer must return all three purchased items simultaneously.
Art. 6 – LEGAL GUARANTEE OF CONFORMITY
6.1 Consumer Guarantee (B2C) – All Products sold on the Website to Consumers are covered by the Statutory Legal Guarantee of Conformity provided under EU Directive (EU) 2019/771.
6.2 Professional Guarantee (B2B) – For purchases made with a VAT number, the statutory warranty is governed by standard commercial law (Italian Civil Code) and lasts for 12 months from delivery.
6.3 Limitations and Exclusions from the Guarantee
The Legal Guarantee applies exclusively to original defects existing at the time of delivery and not caused by Customer misuse. Consequently, the guarantee does not apply in the following cases:
6.4 Artistic Features, Craftsmanship, and Subjective Conformity Criteria – The Roberta Martini brand guarantees the authenticity, origin, and high quality standards of materials used. In accordance with EU conformity rules, specific material treatments (e.g., vintage/aged effects, specialized denim washes, sartorial asymmetries, or natural grain, veining, and minor irregularities of genuine leather) are recognized as intentional, intrinsic artistic design features.
Where highlighted in product descriptions or inherent to the product's handcrafted nature, these characteristics attest to the item's artisanal quality and value; therefore, they cannot be claimed by the Customer as manufacturing defects or lack of conformity.
6.5 Notification Procedure – To invoke the guarantee, the Customer must contact Customer Service at customerservice@robertamartini.it (or via the "Exchanges & Returns" page), providing proof of purchase and clear photographic documentation of the defect.
Art. 7 – PAYMENT METHODS
7.1 Accepted Payment Methods – The Customer may choose from the following payment methods at Checkout:
The Seller reserves the right to modify or suspend available payment methods at any time due to operational requirements or promotional settings.
7.2 Financial Data Security – All digital transactions are protected using SSL encryption and 3D Secure protocols. The Seller never accesses or stores credit card numbers or banking credentials. Payments are handled exclusively by certified payment processors (Stripe, PayPal).
7.3 Bank Transfer Provisions – For bank transfer payments:
7.4 Charging Moment – For electronic payments (Cards, PayPal), charges are processed upon order acceptance by the Seller. If payment is declined, the contract is not concluded and the order will be automatically canceled.
Art. 8 – DISCOUNT CODES AND VOUCHERS
8.1 Voucher Types – The Seller may issue discount codes, gift cards, or promotional vouchers offering fixed-amount discounts, percentage savings, or free shipping. Vouchers may be:
8.2 Usage Conditions – Vouchers are subject to specific conditions communicated upon issuance, such as:
8.3 Application – Codes must be entered into the designated field at Checkout prior to final order confirmation. Discounts cannot be applied retrospectively once an order has been submitted.
8.4 Monetary Limits – Vouchers cannot be redeemed for cash. For fixed-value vouchers (e.g., € 20.00), the purchase subtotal must exceed the voucher value by at least € 10.00, unless otherwise specified. Vouchers do not cover shipping fees or COD surcharges.
8.5 Returns Involving Vouchers & Refund Calculation – If a Consumer exercises the right of withdrawal on items purchased with a voucher:
Art. 9 – SHIPPING AND DELIVERY
9.1 Shipping Costs – Shipping charges are payable by the Customer unless promotional free shipping applies. Exact costs are displayed in the shopping cart before checkout confirmation.
9.2 Fulfillment and Delivery Lead Times
9.3 Incorrect Address, Failed Delivery, Storage, and Contract Termination
The Customer must ensure that shipping details are completely accurate. If delivery fails due to:
the package will enter storage and subsequently return to the Seller's warehouse. In such events, the sales contract shall be deemed terminated by operation of law due to Customer default.
Effects of Termination and Deductions:
The Seller will refund the amount paid by the Customer for the Products, strictly deducting:
(Orders Originally Qualifying for Free Shipping) – If the order originally qualified for "Free Shipping", outbound shipping will not be charged back, but storage, return transport, and administrative management fees will still be deducted from the refund due to recipient default.
9.4 Refusal of Delivery for Cash on Delivery (COD) Orders
Selecting Cash on Delivery constitutes a binding contractual purchase commitment. If the Customer refuses delivery without justification, the contract is terminated due to Customer breach. Lacking a prior payment from which to deduct costs, the Customer remains legally liable to reimburse the Seller for all actual outbound shipping, storage, and return freight costs incurred. The Seller reserves the right to pursue recovery of these documented expenses.
9.5 Customer Obligations Upon Delivery – Upon receiving the parcel, the Customer must verify that:
9.6 Customs Duties and Import Taxes (Non-EU) – For deliveries outside the European Union (DDU – Delivery Duty Unpaid), invoice prices exclude Italian VAT, but local import duties, taxes, and clearance fees are payable exclusively by the Customer. If a parcel is rejected due to unpaid duties, return transport costs will be deducted from the refund.
9.7 Partial Returns and Loss of Free Shipping Eligibility
Free shipping on orders above a set minimum threshold is a conditional promotional benefit dependent on retaining goods equal to or exceeding that threshold.
If a partial return reduces the total value of retained items below the minimum free shipping threshold:
Art. 10 – RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)
10.1 Scope and Eligibility – In accordance with EU Directive 2011/83/EU on Consumer Rights, the Right of Withdrawal is strictly reserved for Consumers (natural persons acting for personal purposes). Purchases made with a VAT number or on behalf of business entities are explicitly excluded.
10.2 Statutory Period – The Consumer has a period of 14 (fourteen) calendar days to withdraw from the contract without giving any reason. The period expires 14 days from the day on which the Consumer (or a third party designated by the Consumer) acquires physical possession of the goods (or the last item in case of split deliveries). To meet the deadline, submitting the online withdrawal notice prior to deadline expiry is sufficient.
10.3 Return Procedure – To exercise the right of withdrawal, the Consumer must submit an explicit withdrawal declaration via the online portal on the "Returns & Right of Withdrawal" page. The Consumer must then return the items at their own expense using a courier of their choice without undue delay and no later than 14 calendar days from notifying the Seller.
10.4 Rules on Item Inspection, Hygiene Protection, and Value Diminution
Consumers are liable for any diminished value of goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the items. Full refunds are subject to strict compliance with the following guidelines:
10.5 Exceptions to Withdrawal – The Right of Withdrawal is excluded for:
10.6 Refunds – Upon confirming return compliance, the Seller will refund all payments received from the Consumer, including standard initial delivery costs.
10.7 Refusal of Return and Storage Provisions
If return requirements are not met, withdrawal is invalid. The item remains the property of the Customer and must be collected from the Seller's warehouse within 30 days at the Customer's expense. During this period:
Art. 11 – SIZE OR COLOR EXCHANGES
11.1 Exchange Discretion – Beyond mandatory legal withdrawal rights, the Seller offers a discretionary size/color exchange option subject to stock availability and prior authorization. Exchange requests must be submitted within 7 calendar days of product receipt.
11.2 Exchange Procedure – Requests must be submitted exclusively via the "Exchanges & Returns" online portal.
11.3 Conditions – Returned items must meet identical integrity, tag, packaging, and cleanliness requirements as defined for withdrawal.
11.4 Exchange Freight Charges
Art. 12 – DEFECTIVE OR NON-CONFORMING PRODUCTS
12.1 Statutory Remedies – If a Product presents a manufacturing defect or lack of conformity, Consumers are entitled to free-of-charge repair or replacement. Alternatively, a price reduction or contract rescission may be requested pursuant to Directive (EU) 2019/771.
12.2 Reporting – Defects must be reported via the "Exchanges & Returns" portal, accompanied by a description and clear photos of the issue.
12.3 Technical Inspection – Upon receipt, internal technical inspection will assess whether the defect is manufacturing-related or caused by misuse, normal wear, or improper care. Inspections are typically completed within 15 to 30 business days.
12.4 Exclusions – Damage from improper maintenance (e.g., washing suede with water), misuse, accidental tears, or natural wear is strictly excluded from warranty coverage.
12.5 Non-Defective Finding – If inspection confirms the item is fully conforming and defect-free, warranty remedies will be denied. The item will be held for Customer collection at their expense, and any courier pickup costs advanced by the Seller will be charged back to the Customer.
Art. 13 – PROTECTION OF PERSONAL DATA (PRIVACY)
13.1 Data Controller – Personal data is processed by Brand Holding S.r.l. as Data Controller in full compliance with Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR).
13.2 Purposes – Data is processed exclusively for order execution, shipping logistics, tax compliance, and customer care management. For detailed data subject rights (access, rectification, erasure), please consult the Website's Privacy Policy or contact customerservice@robertamartini.it.
Art. 14 – APPLICABLE LAW, DISPUTE RESOLUTION, AND ABUSE PREVENTION
14.1 Governing Law – These General Conditions are governed by Italian law, applied in harmony with mandatory EU consumer protection laws (Directive 2011/83/EU, Directive (EU) 2019/771, Directive 2000/31/EC). Consumers residing in other EU Member States retain protection under mandatory provisions of their local home country laws.
14.2 Online Dispute Resolution (ODR) – Pursuant to Article 14 of Regulation (EU) No 524/2013, Consumers may access the European Commission's Online Dispute Resolution platform for out-of-court dispute settlements at: http://ec.europa.eu/consumers/odr.
14.3 Jurisdiction
14.4 Obligation of Fair Cooperation, Chargeback Rules, and Prevention of Abuse ("Friendly Fraud")
In accordance with principles of good faith and fair dealing, the Customer formally agrees to contact Customer Service (customerservice@robertamartini.it) and allow at least 5 (five) business days for amicable resolution before initiating formal bank disputes or chargeback requests with card issuers or payment gateways (Stripe, PayPal, Visa, Mastercard).
Art. 15 – AMENDMENTS AND UPDATES
15.1 Amendments – The Seller reserves the right to amend these General Conditions at any time to comply with legal updates or operational requirements.
15.2 Effective Date – Updated GTC take effect upon publication on the Website. Orders submitted prior to updates remain governed by the GTC version in force at the time of order placement. Historical versions may be requested at customerservice@robertamartini.it.
Last Updated: 19/06/2026
