Terms of service

1. Scope of Application and Definitions

1.1. These Conditions apply to purchases of Products made by Consumers via the Website www.roberta.com">www.roberta.com.
1.2. The following terms have the following respective meanings:
Conditions: refers to these general terms and conditions of sale;
Consumer or Customer: refers to any natural person making a purchase to satisfy daily life needs unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out;
Contract: refers to the online sales contract of Products concluded at a distance between the Website www.roberta.com">www.roberta.com and the Customer through the Customer's interaction with the Website;
Seller: refers to the company Pompea S.p.a., a single-shareholder company, with registered office in Medole (Mantua-Italy), Via San Damaso 10, VAT number 01789800206, tax code and registration number in the Register of Companies of Mantua 04659140489, R.E.A. of Mantua no. 181755, certified email: finance@pec.pompea.com, fax +39376868960, telephone +393768671;
Products: refers to the products offered for sale on the Website; Website: refers to the website www.roberta.com">www.roberta.com, managed by the Seller, through which the online purchase contract is finalized.

2. General Provisions

2.1. The Products are sold by www.roberta.com">www.roberta.com.
2.2. These Conditions govern only the sale of Products on the Website and not the sale of products or services by entities other than the Seller that may be accessible from the Website via links, banners, or other hypertext links. The Seller is not responsible for the provision of goods and services by third parties.
2.3. The Seller reserves the right not to accept orders not originating from a Consumer. In any case, if the purchaser is not a Consumer, the Contract will be governed by Italian law, excluding the 1980 Vienna Convention on Contracts for the International Sale of Goods.
2.4. These Conditions may change; each purchase is subject to and governed exclusively by the Conditions in force at the date of conclusion of the relevant contract.

3. Subject Matter and Conclusion of the Contract

3.1. The subject matter of the Contract is any Product available on the Website, described in the relevant product page, which the Seller offers for sale and which the Consumer intends to purchase remotely through interaction with the Website itself.
3.1.1. All information provided on the Website, particularly the images on the product page, is of a general nature and is provided purely for informational purposes to enable the identification of the item: any images or colors of the Products might differ in appearance in real life. Such discrepancies may be due to the effects of the Internet browser, the monitor used, or its settings (brightness, contrast, quality, and type of printer in use, etc.).
3.2. The Contract is concluded exclusively via the Internet, by accessing the Website, sending a purchase order according to the procedure provided on the Website, followed by the Seller's acceptance.
More specifically:

  • the purchase order submitted by the Customer via the Website constitutes a contractual proposal;
  • the Contract is concluded when the Customer receives an email from the Seller accepting and confirming the purchase order. This email contains the Customer's details, order number, price of the purchased goods, shipping costs, and the delivery address to which the goods will be sent;
  • with the order confirmation email, the Customer will also receive a link to download and store a copy of these Conditions, as provided for by Art. 51, paragraph 1, of the Consumer Code.
3.3. The Customer must check the accuracy of the personal data contained in the order confirmation email and promptly notify the Seller of any errors.

4. Pre-contractual Information

Pre-contractual information for the Consumer is provided before the Consumer is bound by the Contract and can always be viewed via the Terms and Conditions of Sale link on the Website.
In particular, prior to the conclusion of the Contract, the Customer is informed regarding:

  1. identification of the Seller;
  2. total price of the goods, inclusive of taxes, with breakdown of shipping costs and any other costs;
  3. payment methods;
  4. the timeframe within which the Seller undertakes to deliver the selected goods;
  5. conditions, terms, and procedures for exercising the right of withdrawal (see Art. 8 of these Conditions);
  6. existence of the legal guarantee of conformity for the purchased goods;
  7. post-sale assistance conditions and commercial guarantees provided.

5. Product Availability

The availability of Products indicated on the Website refers to their actual availability at the time the Customer places the order. This availability must be considered indicative because, due to the simultaneous presence of multiple users on the Website, Products may be sold to other Customers prior to order confirmation. If one or more Products included in the order are unavailable, the order will be automatically updated by removing the unavailable Product.

6. Prices

6.1. The sales prices of the Products indicated on the Website are expressed in Euros and include all taxes payable by the Customer.
6.2. Shipping costs are not included in the price of the Products but are indicated and calculated upon completion of the purchase process by the Customer and before payment is made.
6.3. The Customer may use vouchers offered by the Seller as part of promotional campaigns to make purchases. These vouchers may only be used in accordance with the terms specified on the vouchers themselves and cannot be transferred to third parties. Multiple promotional vouchers cannot be combined for the same order. Promotional vouchers will not be refunded if the purchaser decides to return the goods in whole or in part.

7. Payment Methods

7.1. The Seller accepts the payment methods indicated on the Website.
7.2. Payment is charged upon submission of the order by the Customer as described in point 3.2 above.
7.3. If you purchase with Scalapay, you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to IncremenTech SPV S.r.l., related parties, and their assignees, and you authorize such assignment.
7.4. Payments may also be made using promotional vouchers.
7.5. Dedicated secure lines are used for payment-related communications, including the data provided by the Customer at the time payment is made. The security of Credit Card payments is guaranteed via TLS (Transport Layer Security) encrypted data transmission protocol.

8. Right of Withdrawal

8.1. The Customer has the right to withdraw from the purchase, without any penalty and without specifying the reason, within 30 days of receiving the Products by notifying the Seller within the same period.
8.2. Registered Customers can communicate their withdrawal through the Website by accessing the Make a Return section of their Profile, selecting the order containing the Product to be returned, and clicking on Request Return.
8.3. In the event of withdrawal from the Contract, the Customer must return the Products within 14 days from the day on which they communicated their intention to withdraw to the Seller, following the return instructions provided on the Website page Withdrawal and Returns.
8.4. All return shipping costs are the responsibility of the Customer.
8.5. The right of withdrawal cannot be exercised for Products that are not suitable for return due to hygiene reasons or reasons related to the protection of the health of the Customer and the Seller's staff. For this reason, the return of Products intended to come into contact with intimate parts of the body will only be possible if the relevant packaging remains unopened. Conversely, removing or damaging the packaging will strictly result in the exclusion of the right of withdrawal.
8.6. Products that, due to the nature of their materials, alter to fit the individual once worn are also non-returnable. For these products as well, returns are only permitted if the packaging remains intact and the Product has not been worn, even for trying on.
8.7. The Customer is liable for any diminished value of the Products resulting from handling other than what is strictly necessary to establish the nature, characteristics, and integrity of the Products.
Therefore, if the returned Products are damaged (e.g., showing signs of wear, abrasion, deformation, etc.), not complete with all their parts and accessories (including unaltered labels and tags still attached to the product), or lacking the attached instructions/notes, original packaging, and warranty certificate where applicable, the Customer will not be entitled to a refund.
8.8. Subject to verification of the above, the Seller will refund the amount for the returned Products within 14 days following the Customer's withdrawal. The Seller may withhold the refund until the returned Products have been received. Unless otherwise requested by the Customer, the Seller will issue the refund using the same payment method chosen by the Customer at the time of purchase.

9. Guarantee of Conformity

All Products are covered by statutory legal guarantees.

10. Delivery

10.1. The Seller only accepts orders to be delivered to the following countries: Austria, Belgium, Croatia, Denmark, Estonia, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, and Sweden.
10.1.1. The Seller reserves the right to include informational, advertising, and promotional materials along with the Products.
10.2. Products are delivered via GLS courier in Italy and UPS abroad, by the date indicated in the order confirmation email and, in any case, no later than 30 days from the conclusion of the Contract. Delivery also takes place according to the procedures described in the general conditions of carriage adopted by the courier selected by the Customer.
10.2.1. During sale periods or promotional events, shipping and delivery times and methods may vary, of which the Customer will be informed at the time of placing the order.
10.3. Delivery takes place at the address indicated by the Customer at the time of ordering, unless payment is made via PayPal. In the latter case, delivery takes place at the address specified by the Customer on the PayPal payment page, even if different from that specified in the order. Only one delivery attempt will be made to the indicated address. If the carrier is unable to make the delivery due to an incorrect/incomplete address, absence, or recipient name missing on the intercom, the package will be delivered to the nearest drop-off point (GLS for Italy and UPS for abroad), where it can be collected within the next 10 business days.
10.4. Upon delivery, the Customer is required to verify that the packaging is intact and, if any damage or anomalies are detected, must refuse delivery; failure to do so will result in forfeiture of the right to assert claims in this regard.
10.5. In the event of non-delivery of the shipment and after ten days of storage, the Seller will cancel the Order and refund the price, using the same payment method chosen by the Customer at the time of purchase.

11. Liability

The Seller assumes no liability for service interruptions attributable to force majeure or fortuitous events, even where caused by malfunctions and service disruptions of the Internet network, in the event it is unable to execute the order within the timeframes provided for in these General Terms and Conditions of Sale.
In the event that the goods cannot be accepted by the Seller because they do not meet the requirements to exercise the rights referred to in Articles 6 and 7 above, it is the Customer's responsibility to retrieve the Products placed at their disposal at their own expense. In such case, the Customer unconditionally acknowledges and agrees that the Seller will proceed with the disposal of the uncollected goods in accordance with the law after 30 (thirty) days from the communication that the goods have been made available.

12. Final Clauses

The Products are sold with the characteristics described on the Website and according to the General Terms and Conditions of Sale published on the Website at the time the order is submitted by the Customer, to the exclusion of any other condition or term.
For any legal information, please consult the sections:

The Seller reserves the right to amend its policies and these General Terms and Conditions of Sale at any time, at its sole discretion and without notice to Website users. By accessing the Website and submitting a Purchase Order, the Customer agrees to the policies and terms of the General Terms and Conditions of Sale in force at the time of purchase.
The Seller also reserves the right to modify prices, Products, and Product specifications at any time, at its sole discretion and without notice to Website users. Before submitting a Purchase Order, the Customer is invited to check the final sales price and specifications of the selected Products.
These General Terms and Conditions of Sale consist of the entirety of the clauses composing them. The invalidity, voidability, or subsequent unenforceability of one or more individual clauses will not affect the validity, effectiveness, and enforceability of the remaining clauses.

13. Applicable Law, Jurisdiction, and ODR

13.1. Any dispute relating to the application, execution, interpretation, and breach of contracts entered into through the Website is subject to Italian law, without prejudice to the application of mandatory consumer protection laws of the country where the Customer habitually resides, provided the Customer does not reside in Italy.
13.2. Any dispute that cannot be settled amicably shall fall under the exclusive jurisdiction of the court of the place where the Customer habitually resides or, at the Customer's choice in the case of legal action initiated by the Customer, the Court of Mantua.
13.3. The Customer has the option to resort to Alternative Dispute Resolution (ADR) entities recognized at national/European level:

  • for residents in Italy, reference is made to the list of the Ministry of Enterprises and Made in Italy (MIMIT), link: https://tuttoconsumatori.mise.gov.it/risoluzionicontroversie;
  • for residents in other EU Member States: the Customer can consult the list of accredited ADR bodies in their country of residence via national consumer portals.
13.3.1. In any case, the Customer's right to bring an action before the competent ordinary court remains unaffected, regardless of the outcome of the out-of-court settlement procedure described above.

14. Unique Identification Number (IDU) for France

In accordance with the provisions of Articles L541-10 to L541-10-17 of the French Environmental Code, the Seller informs the consumer that it has joined several specialized eco-organizations to fulfill its obligations. To this end, the Seller holds a Unique Identification Code (IDU) certifying its registration with the eco-organization and the updating of its eco-contributions.
IDU for the sector "textile products, clothing, footwear, household linen, and new household textile products" with the eco-organization REFASHION: FR441357_11FMSS. The customer can consult the mission and objectives of Refashion directly via the following web link: https://refashion.fr/citoyen/fr">https://refashion.fr/citoyen/fr.