general terms and conditions of sale

TERMS OF USE

By using this website, you implicitly agree that you have read and accepted the following terms of use:

The following terminology applies to these terms and conditions, the privacy statement, the disclaimer, as well as any or all agreements:
"Client", "You" and "Your" refer to you, the person accessing this website and accepting the company's terms and conditions.
"The Company", "Ourselves", "We" and "Our" refer to our company: Misciano, a company registered in Switzerland.

Our headquarters is located at the following address:

Grosspeteranlage
29/21st Floor,
4052 Basel
Switzerland

The terms "Party," "Parties," or "We" refer to both the Client and the Company.

All conditions refer to the offer, acceptance, and consideration of the payment necessary to undertake the customer assistance process in the most appropriate manner—whether through formal meetings of a set duration or by other means—with the express purpose of meeting the client's needs, regarding the provision of services/products offered by the company, in accordance with the current Swiss legislation.

Any use of the above terminology or other words in the singular, plural, with a capital letter, or the pronouns "he/she," "they," are considered interchangeable and thus refer to the same.

SALES CONTRACT

Orders placed on www.misciano.com (the "Website") for the products we offer only constitute a purchase offer.
The sales contract is concluded only when you receive a shipping confirmation email from us.

You are the individual(s) placing the order ("you", "your").

This contract is concluded between you and us. No other person has the right to enforce or modify these terms. Neither party needs the consent of a third party to terminate or make changes to it.

ORDER PLACEMENT

Our purchase pages will guide you through the different steps to place an order.
Our process allows you to check and correct any errors before final validation. Please carefully review each step before submitting your order.

Once your order is placed, you will receive an email confirming its receipt. This message does not yet constitute an acceptance.

The acceptance of your order will be confirmed via a shipping confirmation email. The contract will be considered formed only at this stage.

If the delivery or payment information is incorrect or cannot be verified, we reserve the right to limit delivery to the address linked to the card used.

PAYMENT

Your bank card or payment account will be charged when you click "confirm."

The card used must be in the name of the person placing the order and must be in your possession at the time of delivery – it may be requested for verification or signature on a debit form.

All payments are processed through secure gateways, compliant with PCI DSS standards.

We do not store credit card data and do not share any customer information with third parties.

PRICING AND VAT

VAT is included in the price of our items. It does not apply to orders shipped outside the European Union.

Despite our efforts, it is possible that some displayed prices are incorrect.
Prices will be verified at the time of shipment.
If a manifest pricing error has been made (and it is obvious), we reserve the right to terminate the contract, refund the amounts paid, and request the return of the product.

DELIVERY

Deliveries are made to the address provided at the time of order. It is your responsibility to ensure the accuracy of this information.

We cannot be held responsible for delivery delays or missing packages.
In the event of loss attributable to a third party (carrier), we will proceed with an equivalent replacement, subject to your cooperation in the investigation initiated.

WARRANTY

This warranty is exclusively reserved for the original purchaser of a new product bought directly from Misciano.

It becomes invalid if a third party attempts to repair the product without our authorization.

In the event of a dispute over the cause of the damage, we reserve the right to have the product examined by an approved independent expert, by mutual agreement. If the expertise concludes a manufacturing or material defect, we will cover the repair.

The warranty does not include costs related to poor maintenance or negligence.

Keep your proof of purchase, it will be required for any claim.

Any defective item must be reported to Misciano within 14 days of purchase to be eligible for a replacement.

LIMITATION OF LIABILITY

By using this website, you agree to indemnify us against any liability, expense (including legal fees), or damage arising from claims related to your use of the site, including any allegation that your conduct would violate these terms and conditions.

Subject to the following provisions, the overall liability of one party to the other (whether contractual, tortious – including negligence – or otherwise) is capped at the total amount paid by the customer for the relevant order.

The liability limitations also apply to all indemnities provided, particularly under the Code de la propriété intellectuelle.

In no event shall one party be held liable to the other for:

  • loss of profits,

  • loss of business opportunities,

  • loss of clientele,

  • data loss,

  • loss of expected savings,

  • or any special, indirect, or consequential damage.

The parties acknowledge that these limitations are reasonable, considering their respective situation and their ability to obtain insurance.

Nothing in these terms excludes liability in the event of:

  • death or bodily injury resulting from negligence,

  • fraud or fraudulent misrepresentation.

FORCE MAJEURE

We cannot be held responsible for a failure or delay in the performance of our obligations if it is due to a force majeure event, that is, any event beyond our reasonable control.

This includes (but is not limited to):

  • strikes, factory closures, or social movements,

  • riots, terrorist attacks or threats, war (declared or not),

  • natural disasters: fire, flood, earthquake, epidemic, pandemic,

  • interruption of transportation (roads, rails, ports, airports),

  • telecommunications network outages,

  • government decisions or measures.

During the entire duration of a force majeure event, our contractual obligations are suspended, and their execution postponed until the return to normal.
We are committed to doing our best to minimize the consequences of these events.

RETURNS AND REFUNDS

Our return policy applies to all purchases made on the Misciano website. It is an integral part of these terms and conditions.

🔁 Right of withdrawal

If you are not satisfied with a product, you have a 14-day period from receipt to return it to us, at your expense, for a refund.

The returned item must be postmarked (sent) within 14 days of receipt. The refund only covers the cost of the returned items.

In case of a defect or non-compliant product, you must cease all use of the product upon discovery to preserve your rights. Non-compliant use could reduce or void the possible refund amount.

📦 Return process

  1. Go to https://misciano.com/pages/politique-de-retours

  2. Follow the instructions and wait to receive the details for the return address.

  3. If the item is defective or incorrect, contact us directly.

A quality check will be performed upon receipt of the items.
An email will confirm the receipt and any subsequent action taken (refund, exchange, credit).

The refund will be made to the original payment method, up to the total cost of the returned items.

COPYRIGHT

This website and all of its content are the exclusive property of Misciano. All rights reserved.

INTELLECTUAL PROPERTY

Misciano strictly respects intellectual property laws and expects the same respect from anyone accessing its site.

Misciano and/or its affiliates own or are licensed to all of the content displayed on the site, including but not limited to:

  • design,

  • graphic charter,

  • logos, images, illustrations,

  • videos, sounds,

  • texts, visual sequences, and all editorial content.

🔒 Any unauthorized copying, reproduction, distribution, or exploitation of these elements is strictly prohibited and constitutes a violation of intellectual property rights.

It is forbidden:

  • to reproduce, distribute, or transmit this content without express written permission,

  • to store it on another website or in an electronic retrieval system.

⚠️ Any unauthorized use of trademarks, patents, slogans, graphic elements, or any other intellectual property of Misciano exposes the offender to legal action, damages, and reimbursement of expenses incurred by the brand.

📩 If you are a copyright holder who believes that your work has been used improperly on this site, please contact us at: contact@misciano.com

GOVERNANCE

These General Conditions, as well as the use of the site, are governed by Swiss law.

No clause herein may be interpreted as infringing upon your statutory rights as a consumer.

CONTACT INFORMATION

For any questions related to these terms, you can write to us at the following address:
📧 contact@misciano.com

 

 

INFLUENCER COMMITMENT

The Company (Misciano) engages the services of the Influencer for marketing, advertising, and the promotion of Products according to these Conditions and the terms specified in a written Project Assignment.

The Influencer commits to:

  • Provide the Services described in each signed mission,

  • Create the agreed Influencer Content,

  • Use one's Networks of Influence to ensure its dissemination,
    all in accordance with the Company's instructions.

TRANSPARENCY & REGULATION

The Influencer commits to making clearly identifiable any publication as sponsored content, according to the applicable regulations:

  • By using the features provided by the platform (e.g., "paid content" or "paid partnership" mentions),

  • Including the mentions required by the Company or the law (e.g., #ad, #sponsored, or other contractual tags).

CONTENT APPROVAL

📌 Prior Approval Requirement:
Before any publication, the Influencer must submit the content to the Company for approval. The Company reserves a final editorial control, limited to:

  • the brand presentation,

  • compliance with advertising laws.

The Influencer cannot publish any content without prior validation.

📩 Upon written request from the Company, the Influencer must:

  • Remove all content broadcast on its platforms related to Misciano,

  • Cease all reference to the brand or its products.

INTELLECTUAL PROPERTY OF THE CONTENT

📷 The content created by the Influencer under the contract (photos, videos, texts, recordings, etc.) remains the property of the influencer, but:

The Influencer grants the Company:

  • an exclusive, worldwide, and free license,

  • to use, adapt, modify, reproduce, or exploit this content,

  • for the purposes of promotion, advertising, communication,
    with an appropriate credit to the Influencer.

The Influencer:

  • Waives all moral rights to its content,

  • Gives their explicit legal consent for its use by the brand.

COMPENSATION & EXPENSES

The Fees owed to the Influencer are defined in the Project Assignment.
They include all costs related to the execution of the contract: travel expenses, production costs, taxes, etc.

🧾 The Company will pay any undisputed invoice within 10 business days from its receipt.

The fees are deemed to include:

  • All applicable taxes (VAT, taxes, etc.),

  • The rights related to the exploitation of produced content.

 

INFLUENCER WARRANTIES

The Influencer guarantees to the Company that:

  1. The Content produced is original, created by him/her, and does not infringe any third-party rights.

  2. He/she has the legal authority to enter into the contract and grant all the mentioned rights.

  3. The published content will comply with:

    • all applicable laws and regulations, particularly regarding advertising, data protection, and copyright;

    • the terms of use of the social platforms used.

  4. No third party (person, image, voice, personal data, etc.) will appear in the content without express authorization.

  5. The Services will be executed with care, professionalism, and good faith.

  6. The Influencer is not bound by any competing contract that could interfere with their commitment to Misciano.

  7. The Influencer will not engage in any action or statement likely to:

    • harm the reputation of Misciano,

    • tarnish the image of its products,

    • discredit the brand.

  8. He/she will refrain from any similar collaboration with a direct competing brand during the term of the contract.

  9. The Influencer is fiscally responsible for their income: they will be responsible for the taxes due on the fees received.

  10. He/she will not disclose any confidential information regarding Misciano, its products, or its projects, without prior written consent.

COMPENSATION

The Influencer agrees to indemnify the Company against any loss, claim, lawsuit, damage, cost, or expense (including legal fees and VAT) incurred by Misciano as a result of:

  • of a failure to comply with the guarantees set forth above,

  • of an actual or alleged breach of contract,

  • of a breach of its legal or contractual obligations.

LIMITATION OF LIABILITY

No provision of the contract excludes or limits the liability of the parties in the event of:

  • death or bodily injury caused by negligence,

  • fraud or fraudulent misrepresentation.

📌 Outside of these cases:

  • The overall responsibility of the Influencer towards the Company will be limited to the total amount of fees specified in the Project Assignment.

  • The Company may hold the Influencer liable in case of unauthorized use:

    • of its registered trademarks,

    • protected content,

    • or any exclusive intellectual property of Misciano.

 

 

EMAIL PROMOTIONS

📩 Any promotion received by email is subject to the following conditions:

  • The discount is applied in the cart by entering the provided code.

  • Offer valid once per customer.

  • Not combinable with other promotions, discounts, or special offers.

  • Exclusions: sale items, bundled offers, gift cards, shipping fees.

  • Misciano reserves the right to modify or cancel any promotion at any time, without notice.

CLEARANCE ITEMS

The clearance items are subject to specific conditions:

  • They can only be returned for a credit note.

  • Returns must be made within a 14-day period following receipt.

  • If the received item is damaged or non-compliant, immediately contact our customer service at the following address:
    📧 contact@misciano.com

Misciano reserves the right to modify at any time the return conditions for items on promotion or sale.