GENERAL TERMS AND CONDITIONS OF SALE – VERSION 002 of 25.08.2026
These General Terms and Conditions of Sale govern the terms and methods of purchasing the Products offered by MACH S.R.L., with registered office in 12062 Cherasco (CN), Italy, VAT No. 00012750048, through the website www.misutonida.com.
The General Terms and Conditions are made available to the Customer before the Order is submitted and must be read and accepted in full in order to proceed with the purchase.
By submitting the Order, the Customer declares to have read, understood and accepted these General Terms and Conditions, as well as the documents, procedures and rules referred to therein.
MACH S.R.L. may update or amend the General Terms and Conditions: the new versions apply to orders placed after their publication on the Website, with a progressive revision number.
The possible invalidity of one or more clauses does not affect the validity of the remaining provisions, which remain fully effective.
These General Terms and Conditions apply to every order, unless expressly derogated from in specific conditions agreed between the parties.
ART. 1 – RECITALS
The recitals and any Annexes form an integral and substantial part of these General Terms and Conditions of Sale.
1.1. These General Terms and Conditions govern the sale relationship for Products supplied by MACH S.R.L.
1.2. In the case of a consumer Customer, the provisions of Legislative Decree 206/2005 (the "Consumer Code") apply. In the case of a professional Customer, the relationship is governed by these General Terms and Conditions and by the provisions of the Italian Civil Code.
1.3. These General Terms and Conditions are of general scope and may be updated as a result of regulatory changes. Updated versions will apply to orders submitted after their publication on the Website.
ART. 2 – DEFINITIONS
All technical terms and concepts used in these GTC are deemed known to the parties; in addition to the terms defined elsewhere in these GTC, the terms and expressions marked with an initial capital letter below have the following meanings:
2.1. MACH S.R.L., with registered office in 12062 – Cherasco (CN) – Italy, VAT No. 00012750048, i.e. the manufacturer/seller of the goods that are the subject of these GENERAL TERMS AND CONDITIONS OF CONTRACT.
2.2. Customer: the natural person, legal entity or body (public or private) that purchases the Products. In the case of a consumer Customer, the provisions of Legislative Decree 206/2005 (the "Consumer Code") apply. In the case of a professional Customer, the relationship is governed by these General Terms and Conditions and by the Civil Code.
2.3. Third Parties: third parties that may provide ancillary or complementary services in partnership with MACH S.R.L.
2.4. Products: the goods offered by MACH S.R.L. and purchasable under the conditions set out in these General Terms and Conditions.
a) Customized Products: Products made or modified according to the Customer's specific requests at the time of the Order.
b) Standard products: standard, non-customized Products, purchased as presented on the Website.
2.5. GTC: these General Terms and Conditions of Sale.
2.6. Website: the website www.misutonida.com through which the Products are offered and may be purchased
ART. 3 – INTERPRETATION
3.1. The term "Annex" means, unless otherwise specified, an annex to these General Terms and Conditions of Sale.
3.2. References to "Articles", "Paragraphs" or "Recitals" refer to the articles, paragraphs or recitals of these General Terms and Conditions, unless otherwise indicated.
3.3. Terms in the singular include the plural and vice versa; terms denoting one gender include the other gender, unless the context otherwise requires.
3.4. Titles, headings and captions are included solely for ease of reading and do not affect the interpretation of the relevant provisions.
3.5. In the event these General Terms and Conditions are translated, the Italian-language version shall prevail, without prejudice to any mandatory statutory provisions of the consumer Customer's country requiring that the contractual terms be made available in a language the Customer understands.
ART. 4 – PRODUCTS AND AVAILABILITY
4.1. The essential characteristics and other information relating to the Products, together with their price, are indicated on the Website, in the information sheets relating to each Product.
4.2. The catalogue of Products published on the Website is updated constantly.
4.3. The graphic representation of the Products shown on the Website is purely indicative and may differ from reality; the Customer must therefore rely on the Product description and characteristics set out on the Product Page.
4.4. The Products displayed on the Website may be:
I. Available: Products physically present in stock and therefore, as such, orderable by the Customer.
II. On order: Products not physically present in stock but orderable (to check availability, please contact customer support).
ART. 5 – METHOD OF SUBMITTING THE ORDER AND CONCLUSION OF THE SALES CONTRACT
5.1. Orders may be placed on the Website either by registering and creating a personal account, or by proceeding as a guest, following the instructions given on the relevant pages.
5.2. To submit an Order, the Customer must:
a) select the Product and add it to the cart;
b) access the "My cart" area, where the Customer can: – view the details of the Product and price; – check and correct their data; – change quantities or remove Products; – add further Products; – request any ancillary services; – select the delivery method; – select the payment method; – accept these General Terms and Conditions of Sale; – submit the Order by clicking "Submit order" or "Proceed to payment".
5.3. Before submitting the Order, the Customer may view the complete summary of Products, prices, delivery costs and the data entered, and may correct any errors.
5.4. The Customer's submission of the Order constitutes an offer to purchase. The sales contract is considered concluded only when MACH S.R.L. sends the order confirmation, transmitted by e-mail to the address provided by the Customer. MACH S.R.L. reserves the right not to accept the Order in the event of Product unavailability, pricing errors, anomalies in the Order or other circumstances making it impossible to fulfil it. In such cases, any amounts already paid will be fully refunded to the Customer.
5.5. Following the order confirmation, the Customer will receive an e-mail containing a summary of the essential information relating to the Product, the price, the applicable taxes and the delivery costs.
5.6. The Customer may cancel the Order within 24 hours of its submission, unless the shipping process has already been arranged and unless the Order relates to Customized Products for which production has already begun.
5.7. Any customs duties relating to delivery in non-EU countries are the exclusive responsibility of the Customer.
ART. 6 – PRICES AND PAYMENT METHODS
6.1. The Customer may pay the price of the Products and any shipping costs using the payment methods indicated on the Website prior to submitting the Order.
6.2. MACH S.R.L. accepts the following payment methods:
• Stripe (credit or prepaid card, Apple Pay, Link, or other payment methods made available through the Stripe platform): the charge is made at the time the Order is submitted. The Customer will be redirected to the secure Stripe website to complete the payment.
• Bank transfer: payment must be made and credited within 10 (ten) days of the Order being submitted. If payment is not credited within this period, MACH S.R.L. may terminate the contract pursuant to Art. 1456 of the Italian Civil Code, after notifying the Customer. The Customer must correctly indicate the Order number in the payment reference. In the event of an incorrect or incomplete reference, MACH S.R.L. will not be able to correctly allocate the payment and will not be liable for any delays in fulfilling the Order.
6.3. The price of the Products is the one indicated on the Website at the time the Order is submitted.
6.4. The price of the Products indicated on the Website is inclusive of VAT, where due, according to the tax regime applicable from time to time based on the country of destination of the goods and the nature of the Customer (private consumer or VAT-registered entity), as specified below:
a) for sales to Customers resident in Italy, the Italian VAT in force at the time of the Order applies;
b) for sales to private consumer Customers resident in other European Union countries, the VAT of the Customer's country of destination applies, pursuant to the special OSS (One Stop Shop) regime;
c) for sales to Customers holding an EU VAT number, the transaction is carried out without application of Italian VAT (non-taxable transaction), without prejudice to the Customer's obligation to account for the tax in their own country under the reverse charge mechanism, subject to verification of the validity of the EU VAT identification number (VIES);
d) for sales to Customers resident outside the European Union, the transaction is carried out without application of Italian VAT (export sale, non-taxable), without prejudice to the provisions of paragraph 5.7 above regarding any customs duties and local taxes payable by the Customer.
Any taxes, customs duties or other tax charges due in addition to the Product price are borne by the Customer, as indicated in this article. MACH S.R.L. cannot be held liable for delays, additional costs or service failures caused by third parties (such as banks, payment systems or customs authorities) in the execution of the transaction, except where such failures are attributable to fault on the part of MACH S.R.L.
6.5. If the payment is not valid, is revoked, or is not credited in favour of MACH S.R.L., MACH S.R.L. may terminate the contract with immediate effect, after notifying the Customer.
6.6. The Customer consents to receive the invoice in electronic format (PDF) by e-mail, if requested within 24 hours of submitting the Order.
ART. 7 – PRODUCT DELIVERY TERMS
7.1. Before submitting an Order for the Products, the Customer may view the available delivery methods and any related costs.
7.2. Depending on the Products selected, some delivery methods may not be available. The methods available for each Product will in any case be indicated on the relevant cart page.
7.3. MACH S.R.L. will proceed with shipment only after correct receipt of payment from the Customer; shipping and delivery times are indicated on the order page but are indicative and not binding.
7.4. In addition to the shipping times (referred to in paragraph 7.3), production and preparation times must also be considered, to be verified case by case with customer support.
7.5. Delivery of products to certain hard-to-reach locations may require payment of an additional fee. Any such costs will in any case be clearly communicated to the Customer.
7.6. A signature by the Customer or their delegate is required upon delivery. The Customer (or their delegate), at the time the Products are delivered by the courier, must check:
• that the number of packages delivered matches the number indicated on the delivery document;
• that the packaging and its seals are intact, undamaged, not wet and not altered in any way.
Any damage to the packaging and/or the Product, or any mismatch in the number of packages or the information provided, must be immediately reported in writing on the courier's delivery document. Once the courier's document has been signed without the Customer raising any objection, the Customer may not raise any complaint in this regard, without prejudice to the provisions relating to the statutory warranty of conformity.
7.7. The risk of loss or damage to the Products passes to the Customer at the time the Customer (or a third party designated by the Customer, other than the courier) physically takes possession of the Product.
ART. 8 – WITHDRAWAL
8.1. Pursuant to Art. 49, paragraph 1, letter h) of the Consumer Code, the Customer is informed that, in addition to the methods described below, a dedicated digital withdrawal function is available, always accessible from the Website's online interface in the Customer's Personal Area, "My orders" section.
8.2. Pursuant to Art. 52 of the Consumer Code (Legislative Decree 206/2005), implementing EU Directive 2011/83: the consumer, provided they are a private individual within the EU, has a period of fourteen days to withdraw from a distance contract or a contract negotiated away from business premises without having to give any reason, and in the case of the sale of goods, the period runs from the day on which the consumer takes physical possession of the goods. This period also applies to ancillary services; in that case, it runs from the date the contract for the ancillary service is entered into.
8.3. The Customer may exercise the right of withdrawal by one of the following methods:
a) completing and submitting the digital withdrawal function available in their Personal Area on the Website, "My orders" > "Withdrawal" section, following the guided procedure and confirming the operation via the "Confirm withdrawal" button;
b) sending an explicit communication of the decision to withdraw, also using the standard withdrawal form set out in Annex I, Part B, of the Consumer Code (attached to these General Terms and Conditions and downloadable from the Website), through one of the following channels:
• email to: info@misutonida.com
• registered letter with return receipt: MACH S.R.L. – Via Fondovalle 3 – 12062 – Cherasco – Italy
8.4. Upon receipt of the communication exercising the right of withdrawal, MACH S.R.L. will send the Customer a confirmation e-mail acknowledging receipt of the withdrawal. Within 5 (five) working days of receiving the withdrawal communication, the Customer will receive an e-mail indicating the address to which the products should be returned. Within 14 (fourteen) days of receiving the e-mail communicating the address and case number, the Customer must ship the Product, carefully packaged, at their own expense and care, to the address indicated in that e-mail, marking the package with the progressive case number for the withdrawal received from MACH S.R.L. The refund of amounts paid for the returned product and for the initial shipping will be made within 5 (five) days of acceptance of the returned product.
8.5. The Products must be returned intact, unused, undamaged, in their original packaging and complete with all accessories and items present in the original packaging (e.g. accessories, instruction manuals, etc.). The costs of returning the Product will be borne by the Customer.
8.6. The Customer will be liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning, or for the absence of the elements or accessories referred to in the preceding Article 8.4.
8.7. In such a case, MACH S.R.L. reserves the right to deduct from the refund an amount proportionate to the damage actually found, giving the Customer a reasoned explanation.
8.8. The right of withdrawal does not apply to products made to measure or clearly personalized, since goods "made to measure or clearly personalized" are explicitly excluded from the right of withdrawal from the outset, both under the Consumer Code and under the Directive. For these products, therefore, no statutory right of withdrawal exists to be protected.
ART. 9 – CUSTOMER DATA
9.1. The Customer guarantees, including for the purposes of Art. 494 of the Italian Criminal Code, that the personal data provided to MACH S.R.L. for the full performance of the contract are correct, up to date and truthful and allow the Customer's true identity to be established. The Customer undertakes to promptly notify MACH S.R.L. of any change to the personal data provided when entering into the contract.
ART. 10 – CHANGES TO THE CONTRACTUAL TERMS OF THE SERVICE
10.1. MACH S.R.L. reserves the right to make changes to these general contract terms, updating the new contractual text on its web pages and related subsections.
The parties agree that such changes will apply as of any new order and will not apply to orders already in progress, without prejudice to the Customer's right to withdraw; failing that, the Customer declares, effective as of now, acceptance of the new general contract terms.
ART. 11 – OBLIGATIONS AND LIMITATIONS OF LIABILITY OF MACH S.R.L.
11.1. Without prejudice to the mandatory statutory provisions protecting the consumer Customer, including the prohibition on limiting or excluding the seller's liability for death or personal injury caused by an act or omission of MACH S.R.L. (Art. 33, paragraph 2, letter a, Consumer Code) and the rules on liability for defective products (Arts. 114 et seq. of the Consumer Code), MACH S.R.L. is liable within the limits and according to the rules established by applicable law.
11.2. For relationships with Customers acting for purposes unrelated to any business, professional or craft activity they may carry out (professional Customers), compensation for damages due to non-performance attributable to MACH S.R.L. may not exceed the value of the goods that are the subject of the Order, except in cases of wilful misconduct or gross negligence, and in any case without prejudice to personal injury claims. This limitation does not apply to consumer Customers, for whom the protections provided by the Consumer Code remain unaffected.
11.3. MACH S.R.L. cannot be held liable for any direct or indirect damage suffered by the Customer as a result of errors in the data provided by the Customer.
11.4. MACH S.R.L. undertakes to ensure the best functionality of the product, but assumes no liability, either towards the Customer or towards Third Parties, for malfunctions and delays due to causes not attributable to it, including, by way of example and not limited to:
a) unforeseeable circumstances, catastrophic events or force majeure;
b) acts of third parties;
c) incorrect use or use not in accordance with these General Terms and Conditions, of the product by the Customer;
d) failure to carry out, or incorrect performance of, ordinary and/or extraordinary maintenance work;
e) justified security reasons and/or the need to guarantee confidentiality;
f) in the event of a fault and/or malfunction posing a danger to persons.
11.5. With regard to the characteristics of the products, the seller complies with the legislation and technical standards in force in the EU; the buyer therefore fully assumes the risk of any discrepancy between what is provided for by EU standards and what is provided for by the standards of the country of destination of the products, releasing the seller from any liability in this respect.
11.6. MACH S.R.L. guarantees the performance of its products in relation to the uses, purposes and applications indicated in the documentation supplied with the Product, as well as in relation to uses which, based on common knowledge acquired by normal users, are clearly attributable to the Products themselves. For consumer Customers, the foregoing does not in any way prejudice the rights arising from the statutory warranty of conformity referred to in Art. 13.
11.7. Should the buyer intend the aforementioned products for resale, it shall be the buyer's responsibility to inform its own purchasers of the foregoing.
11.8. Without prejudice to the fact that the risk of loss or damage to the Products passes to the Customer as set out in Art. 7.7, any waiver or limitation of MACH S.R.L.'s liability for personal injury resulting from a Product defect attributable to MACH S.R.L. is expressly excluded, such liability remaining governed by the applicable legislation on liability for defective products. The Customer is liable for damage to property and the consequences arising from use of the Product not in accordance with the instructions provided.
11.9. No derogation from the provisions of this article shall be considered valid unless expressly defined and accepted in writing between the parties.
Art. 12 – FORCE MAJEURE
12.1. Where the production and/or delivery of the Products by the Seller is rendered impossible, excessively onerous or delayed due to a Force Majeure Event as defined in Art. 12.3 below.
12.2. MACH S.R.L. may, at its discretion: (i) suspend deliveries of Products until the Force Majeure Event has ceased; (ii) deliver a smaller quantity of Products, if the Products in its warehouse are insufficient and are allocated proportionally to satisfy the Seller's other customers; (iii) withdraw from the contract, giving prompt written notice to the Buyer. Following such withdrawal, the Seller will complete performance of the delivery of the Products purchased by the Buyer for the part not affected by the Force Majeure Event, it being understood that the Buyer will not raise any further claim against the Seller arising directly or indirectly from the early termination of the contractual relationship. Where the impediment due to the Force Majeure Event persists for a period exceeding 90 (ninety) days, either party will have the right to withdraw from the relevant contract, without any right to compensation for damages arising for either party against the other. In the event of Force Majeure Events, MACH S.R.L. will not be liable in any case for any damages suffered by the Buyer due to delay in delivery of the Products, without prejudice to the mandatory rights granted to the consumer Customer under the Consumer Code in the event of failure to deliver within the agreed term.
12.3. "Force Majeure Event" means any event beyond the Seller's control that affects the production or delivery capacity of the Products – including, by way of example, strikes, failure or delay, even partial, in the delivery of raw materials by the Seller's suppliers, partial or total breakdown of machinery and plant used in the manufacture of the Products, fires, floods, riots, decisions by authorities, regulatory changes, epidemics, pandemics or other health emergencies.
ART. 13 – STATUTORY WARRANTY – REMEDIES FOR LACK OF CONFORMITY
13.1. The sale of Products to consumer Customers is subject to the statutory warranty under the Consumer Code. MACH S.R.L. is liable for any lack of conformity that becomes apparent within 2 (two) years from the time of delivery.
Any direct action by the Customer to assert a lack of conformity not fraudulently concealed by MACH S.R.L. is, in any case, time-barred after 26 (twenty-six) months from the time of delivery.
13.2. To assert the statutory warranty of conformity, the Customer may send a communication to MACH S.R.L. through one of the following channels:
• email to: info@misutonida.com
• registered letter with return receipt: MACH S.R.L. – Via Fondovalle 3 – 12062 – Cherasco – Italy
13.3. With reference to the Products, the Customer confirms that they i) are suitable for the purposes for which the Customer intends to purchase them; ii) are of the quantity and possess the quality and performance characteristics, including in terms of durability, functionality, compatibility, accessibility, continuity and security, normally found in products of the same type; iii) that the Customer does not expect to receive from MACH S.R.L. accessories (including, by way of example and not limited to, packaging) and instructions (including, by way of example and not limited to, installation instructions) beyond those which may be provided for under the sales contract;
13.4. In the event of a lack of conformity of the Products, the Customer will be entitled, free of charge, to have the conformity of the Products restored (through repair or replacement) within a reasonable time from the moment MACH S.R.L. is informed by the Customer of the lack of conformity. This remedy may be requested by the Customer unless it is impossible or would impose disproportionate costs on MACH S.R.L., taking into account all the circumstances of the case, including (i) the value the Products would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy could be provided without significant inconvenience to the Customer. Where the Customer requests repair or replacement under this article, the Customer must make the Product available to MACH S.R.L.
13.5. Where (i) the remedy of restoring conformity of the Products is impossible or disproportionate under Art. 13.5; (ii) MACH S.R.L. has not restored conformity of the Products in line with Art. 13.5; (iii) a lack of conformity appears despite MACH S.R.L.'s attempt to restore conformity of the Products; (iv) the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract; or (v) MACH S.R.L. has declared that it will not bring the Products into conformity within a reasonable time or without significant inconvenience to the Customer, the Customer will be entitled to receive a proportional price reduction under Art. 13.6 below or to terminate the sales contract as provided under Art. 13.7 below.
13.6. The refund of the aforementioned price reduction for the Products will be made by MACH S.R.L.: i) without undue delay and, in any case, within 14 days from the date on which MACH S.R.L. was informed of the Customer's decision to receive a price reduction under this article; and ii) using the same payment method the Customer used to pay for the Products, unless the Customer expressly agrees otherwise and provided the Customer does not incur any cost in connection with such refund.
13.7. In the cases referred to in Art. 13.5 above, the Customer may terminate the sales contract by means of a statement expressing the decision to terminate the sales contract, to be sent to MACH S.R.L. at the contact details indicated above. The Customer acknowledges and accepts that the sales contract may not be terminated where the lack of conformity of the Product is of minor significance.
13.8. In the event of termination of the sales contract by the Customer under Art. 13.7, the following effects will apply:
a) the Customer must return the Product to MACH S.R.L. within 14 (fourteen) days, at their own expense for the return.
b) MACH S.R.L. will refund the Customer in full, subject to paragraph 13.4 above.
ART. 14 – EXPRESS TERMINATION CLAUSE – TERMINATION FOR NON-PERFORMANCE – RESOLUTORY CONDITIONS
14.1. Without prejudice to other clauses of the Contract, the Contract will be deemed terminated with immediate effect, pursuant to Art. 1456 of the Italian Civil Code, where the Customer:
a) breaches the obligations set out in the preceding Articles or the terms of the order.
b) breaches any operational policies of MACH S.R.L. published on the Website and expressly referred to on the Product page or in the Order at the time of purchase.
c) fails to pay the agreed price;
14.2. In the event of non-performance of the obligations set out in the Contract, MACH S.R.L. reserves the right to send the Customer, at any time, pursuant to Art. 1454 of the Italian Civil Code, formal notice to perform within 15 (fifteen) days of receipt of the relevant registered letter with return receipt.
ART. 15 – EXCLUSIVE PROPERTY RIGHTS
15.1. The Product will be used by the Customer in compliance with the intellectual and/or industrial property rights of MACH S.R.L. and/or third parties.
15.2. The Customer is therefore not authorized to reproduce or process the goods manufactured by MACH S.R.L.
ART. 16 – GENERAL PROVISIONS
16.1. These terms will remain in force even after the date of first performance, in accordance with the terms set out herein, without the Parties needing to renew their assumption of the obligations arising therefrom. Nevertheless, at the request of one or both Parties, the agreements contained herein will, in whole or in part and at any time, be reproduced in separate and distinct documents, without prejudice to the content, terms and unity of the agreements, and the Party requesting this will bear all related costs, expenses and taxes.
16.2. Neither Party may be deemed to have waived its rights arising from the GTC or from breaches or violations by the other Party, unless that Party has formalized such waiver in writing.
16.3. No waiver to enforce any breach or violation of a provision will be interpreted as a waiver to enforce further breaches or violations of the same provision, whether or not similar, nor may it be interpreted as a waiver of the provision itself.
16.4. Should one or more provisions of these General Terms and Conditions of Sale be declared null, invalid or ineffective, by law or by order of a competent authority, such nullity, invalidity or ineffectiveness will not affect the validity of the remaining provisions, which will continue to remain fully effective and binding between the Parties. In such a case, the Parties undertake to negotiate in good faith a replacement provision that, as far as possible, achieves the economic and legal effects of the invalid provision.
ART. 17 – PROCESSING OF PERSONAL DATA
17.1. The processing of personal data provided by the Customer to MACH S.R.L. for the performance of the Contract and the subsequent provision of the Service will be carried out in accordance with Legislative Decree 196/2003 and EU Regulation 679/2016, the privacy notice available on the website https://www.misutonida.com/, and on the basis of the consent to data processing given by the Customer in that context or through a form attached to the contract itself.
17.2. MACH S.R.L., solely for the phases of collection, processing and management of data necessary for the provision of the Services, acts as an independent Data Controller in accordance with the definitions of roles described in Legislative Decree 196/2003 and EU Regulation 2016/679.
17.3. With reference to third-party data entered and/or processed by the Customer when placing an order and/or using the Services, the Customer declares to have previously provided such third parties with adequate notice under Art. 13 of EU Regulation No. 679/2016 and to have obtained their consent to the processing. It remains understood that, with respect to such data, the Customer acts as an independent Data Controller, assuming all related obligations and liabilities and holding MACH S.R.L. harmless from any claim, demand or other action brought by third parties in connection with such data processing.
ANNEXES
STANDARD WITHDRAWAL FORM (Annex I, Part B, Consumer Code)
(complete and return this form only if you wish to withdraw from the contract)
Addressee: MACH S.R.L., Via Fondovalle 3, 12062 Cherasco (CN), email: info@misutonida.com
I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods:
Ordered on: ______________ Received on: ______________
Name of consumer(s): ______________________________
Address of consumer(s): ______________________________
Signature of consumer(s) (only if this form is notified on paper): ______________________________
Date: ____________ __