general terms and conditions of sale

TERMS AND CONDITIONS OF USE AND SALE

By accessing and using this website, you tacitly acknowledge that you have read, understood, and accepted the following terms and conditions.

The following terminology applies to these Terms and Conditions, the Privacy Policy, the Disclaimer, and any agreements in whole or in part:
“Client”, “You” and “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “We”, “Us” and “Our” refer to Misciano, a company registered in Switzerland.

Our registered office is located at:

Grosspeteranlage
29 / 21st Floor
4052 Basel
Switzerland

The terms “Party”, “Parties”, or “We” refer collectively to the Client and the Company.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of customer assistance in the most appropriate manner—whether by formal meetings of a fixed duration or by any other means—for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s products and/or services, in accordance with applicable Swiss law.

Any use of the above terminology or other words in the singular, plural, capitalization, or use of pronouns such as “he/she” or “they” shall be deemed interchangeable and refer to the same.

SALE CONTRACT

Orders placed on www.misciano.com (the “Website”) for products offered by us constitute an offer to purchase only.
A binding sales contract is formed only when you receive a shipping confirmation email from us.

You are the natural person(s) placing the order (“you”, “your”).

This contract is concluded exclusively between you and us. No third party shall have any right to enforce or modify these terms. Neither party requires the consent of a third party to terminate or amend this agreement.

ORDER PROCESS

Our checkout pages guide you through the steps required to place an order.
Our system allows you to review and correct any errors before final submission. Please verify all information carefully prior to placing your order.

Once your order has been placed, you will receive an email acknowledging receipt. This does not constitute acceptance.

Acceptance of your order is confirmed only through our shipping confirmation email. The contract is deemed formed at that stage.

If delivery or payment information is incorrect, incomplete, or unverifiable, we reserve the right to restrict delivery to the address associated with the payment method used.

PAYMENT

Your payment card or payment account will be charged once you click “Confirm”.

The card used must be in the name of the person placing the order and may be required upon delivery for verification or signature.

All payments are processed via secure payment gateways compliant with PCI DSS standards.

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

PRICING AND VAT

Value Added Tax (VAT) is included in the price of our products. VAT does not apply to orders shipped outside the European Union.

Despite our best efforts, pricing errors may occur.
All prices are verified at the time of dispatch.

In the event of an obvious pricing error, we reserve the right to cancel the contract, refund any amounts paid, and request the return of the product if applicable.

DELIVERY

Delivery is made to the address provided at checkout. You are responsible for ensuring the accuracy of this information.

We shall not be held liable for delivery delays or lost parcels.
In the event of loss attributable to a third party (carrier), an equivalent replacement will be provided, subject to your cooperation in any investigation conducted.

WARRANTY

This warranty applies exclusively to the original purchaser of a new product purchased directly from Misciano.

The warranty becomes void if a third party attempts any repair without our prior authorization.

In the event of a dispute regarding the cause of damage, we reserve the right to have the product examined by an independent expert mutually agreed upon. If the expert determines a manufacturing or material defect, we will cover the repair.

The warranty does not cover damage resulting from improper use, poor maintenance, or negligence.

Please retain your proof of purchase, as it will be required for any warranty claim.

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

LIMITATION OF LIABILITY

By using this website, you agree to indemnify and hold us harmless from any liability, costs (including legal fees), damages, or claims arising from your use of the website.

Subject to the provisions below, the total liability of one party to the other—whether in contract, tort (including negligence), or otherwise—shall be limited to the total amount paid by the Client for the relevant order.

These limitations apply to all indemnities, including those arising under intellectual property laws.

In no event shall either party be liable for:

  • loss of profits,

  • loss of business opportunities,

  • loss of customers,

  • loss of data,

  • loss of anticipated savings,

  • or any indirect, special, or consequential damages.

The parties acknowledge that these limitations are reasonable in light of their respective circumstances.

Nothing in these Terms excludes liability for:

  • death or personal injury caused by negligence,

  • fraud or fraudulent misrepresentation.

FORCE MAJEURE

We shall not be liable for failure or delay in performance resulting from events beyond our reasonable control (“Force Majeure”).

Such events include, without limitation:

  • strikes, factory closures, or labor disputes,

  • riots, terrorist acts or threats, war (declared or undeclared),

  • natural disasters (fire, flood, earthquake, epidemic, pandemic),

  • transportation interruptions,

  • telecommunications outages,

  • governmental actions or regulations.

During any Force Majeure event, contractual obligations shall be suspended. We will make reasonable efforts to mitigate the effects.

RETURNS AND REFUNDS

Our return policy applies to all purchases made on the Misciano website and forms an integral part of these Terms and Conditions.

🔁 Right of Withdrawal

In accordance with applicable law, you have 14 calendar days from receipt of your order to exercise your right of withdrawal and return an item at your own expense for a refund.

Returned items must be shipped within 14 days of receipt.
Refunds cover the value of the returned items only, excluding shipping costs.

In the case of defective or non-conforming products, all use must cease immediately. Improper or continued use may result in a reduction or cancellation of the refund.

📦 Return Conditions – Product Condition

Returned items must be in exactly the same condition as received, meaning:

  • in perfect condition,

  • unworn, unwashed, undamaged,

  • accompanied by all accessories, original packaging, covers, boxes, and tags.

Returns with damaged, altered, or missing packaging may be disputed.
In such cases, Misciano reserves the right to apply a flat reconditioning fee of €15.

📄 Mandatory Return Identification

Each return must include one of the following:

  • a copy of the order confirmation,

  • an invoice, or

  • a written note clearly stating your full name and order number.

Returns without sufficient identification cannot be processed.
Misciano shall not be held liable for unidentifiable returns.

🔍 Return Process

👉 https://misciano.com/en/pages/return-policy

Upon receipt, a quality inspection is carried out.
You will receive an email confirming receipt and the final decision (refund, exchange, or store credit).

Refunds are issued to the original payment method, up to the total value of returned items.

COPYRIGHT

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

INTELLECTUAL PROPERTY

Misciano strictly respects intellectual property laws and expects the same from all users.

Misciano and/or its affiliates own or license all content displayed on the website, including but not limited to:

  • design and visual identity,

  • logos, images, illustrations,

  • videos and audio files,

  • texts and editorial content.

🔒 Any unauthorized reproduction, distribution, or exploitation is strictly prohibited and constitutes an infringement.

📩 Copyright claims should be sent to:
contact@misciano.com

GOVERNING LAW

These Terms and Conditions and the use of the website are governed by Swiss law.
Nothing herein affects your statutory consumer rights.

CONTACT INFORMATION

📧 contact@misciano.com

INFLUENCER AGREEMENT

INFLUENCER COMMITMENT

The Company (Misciano) engages the Influencer to provide marketing, advertising, and promotional services in accordance with these Terms and a written Project Mission.

The Influencer agrees to:

  • provide the agreed Services,

  • create the agreed Influencer Content,

  • use their Influence Networks for distribution,

  • comply with all Company instructions.

TRANSPARENCY & REGULATORY COMPLIANCE

The Influencer must clearly identify sponsored content in accordance with applicable regulations, using platform tools or disclosures such as #ad, #sponsored, or equivalent.

CONTENT APPROVAL

📌 Prior approval is mandatory.
No content may be published without written validation from the Company.

Upon written request, the Influencer must remove any content related to Misciano and cease all brand references.

INTELLECTUAL PROPERTY – INFLUENCER CONTENT

The Influencer retains ownership of their content but grants Misciano an exclusive, worldwide, royalty-free license to use, adapt, modify, reproduce, and exploit such content for promotional purposes, with appropriate credit.

The Influencer waives all moral rights and provides explicit legal consent.

COMPENSATION & EXPENSES

Fees are defined in the Project Mission and include all costs.
Invoices are payable within 10 business days of receipt.

INFLUENCER WARRANTIES

The Influencer warrants that:

  • content is original and non-infringing,

  • all applicable laws and platform rules are respected,

  • no competing agreement interferes with Misciano,

  • no confidential information is disclosed.

INDEMNIFICATION

The Influencer shall indemnify Misciano against any loss, claim, damage, or expense arising from breach of these warranties.

LIMITATION OF LIABILITY

Except in cases of fraud or bodily harm, the Influencer’s liability is limited to the total fees paid.

EMAIL PROMOTIONS

  • One-time use per customer

  • Not combinable

  • Exclusions: sale items, bundles, gift cards, shipping

  • Modifiable or cancellable at any time without notice

CLEARANCE ITEMS

Clearance items are subject to specific conditions:

  • Returns accepted for store credit only

  • Returns within 14 days of receipt

  • Defective items must be reported immediately

📧 contact@misciano.com