Terms and Conditions

Last updated: Friday, April 3, 2026

These terms govern, unless otherwise agreed in writing, the pre-contractual, commercial and contractual relationships relating to the promotion, offer, supply, sale and use of products distributed or marketed by WINKLER S.r.l. (hereinafter, “WINKLER”), including where contact with the customer has taken place through the website, e-mail, telephone, sales network, distributors, agents or other online and offline channels.

These terms shall apply, where compatible, to all requests for information, quotations, estimates, orders, order confirmations, supplies and uses of products, unless expressly waived in writing by WINKLER.

Accessing, consulting, browsing and using the website, as well as sending requests or communications through its digital channels, also imply acknowledgement and acceptance, insofar as applicable, of the Privacy Policy and Cookie Policy published on the website, which shall be deemed incorporated into and an integral part of these terms.

1. Scope of application

These terms apply to every relationship with customers, prospective customers, resellers, professional operators, companies, technicians, designers, applicators and users of WINKLER products.

Any general terms and conditions prepared by the customer, even if referred to in orders, forms, communications or customer documents, shall not apply unless expressly accepted in writing by WINKLER.

2. Nature of information and documentation

All information provided by WINKLER, whether through the website, catalogues, brochures, technical data sheets, safety data sheets, declarations, informational materials, e-mails, commercial communications, verbal indications or promotional materials, is of a general and informational nature, unless expressly agreed otherwise in writing.

Any indications concerning yield, consumption, performance, compatibility, methods of use, fields of application, setting times, resistance, final results, finishes, or aesthetic or technical outcomes shall be understood as purely indicative and referring to standard conditions of use, laboratory settings or general experience, and do not constitute a guarantee of results in any specific case.

3. Function of the website and absence of online sales

The WINKLER website is intended solely for informational, illustrative, promotional and contact purposes and does not constitute an e-commerce platform, unless otherwise expressly stated in writing by WINKLER.

The publication on the website of products, technical sheets, descriptions, images, technical indications, fields of application, downloadable documentation, references, certifications or other content does not constitute an offer to the public, a binding contractual proposal, nor a promise of immediate availability of the products.

The sending of requests through the website, contact forms, e-mail, telephone or other digital channels does not imply automatic acceptance of the order, conclusion of any contract, obligation to respond, obligation to supply, or assumption of specific commitments by WINKLER.

Any purchases, supplies or commercial relationships concerning WINKLER products are concluded exclusively outside the website, through separate negotiations, offers, order confirmations or other contractual or commercial documentation prepared or accepted by WINKLER.

4. Website availability, errors, interruptions and limitations

WINKLER reserves the right to modify, update, supplement, suspend, limit or discontinue, in whole or in part and at any time, the website, its content, functionalities, sections, available documents or methods of access, even without prior notice.

WINKLER does not guarantee that the website will always be accessible, uninterrupted, error-free, updated, compatible with all devices, or free from interruptions, delays, inaccuracies, omissions, viruses, malware or other potentially harmful elements.

To the fullest extent permitted by law, WINKLER shall not be liable for any damages, losses, lost profits, business interruptions, data loss, operational delays or other prejudice arising from:

  • total or partial unavailability of the website;
  • technical or IT malfunctions;
  • material errors, typos, omissions or outdated content;
  • interruption or suspension of online services;
  • inability to download, consult or transmit documents or requests;
  • unauthorized access, cyberattacks, viruses or similar events, except where liability cannot be excluded by law.

The user must always verify, before making any purchase, application or technical or commercial decision, the most up-to-date official documentation and, where necessary, request direct confirmation from WINKLER.

5. Customer’s and user’s obligation to verify

The customer, purchaser, designer, works director, contractor, installer, applicator and, in general, any person using or arranging the use of WINKLER products, must independently and in advance verify:

  • the suitability of the product for the specific intended use;
  • the compatibility of the product with substrates, underlays, surfaces, materials, application systems and environmental conditions;
  • compliance with applicable technical, safety and legal regulations;
  • the correctness of storage, preparation, mixing, laying, application, maintenance and preservation methods;
  • the adequacy of the product for the characteristics of the site, substrate and specific intervention;
  • the currency of the technical and safety documentation used.

It is understood that the choice of product and application system is made under the sole responsibility of the customer and the professionals or operators involved.

6. Preliminary tests and compatibility checks

Before large-scale use or use in specific contexts, the customer and/or applicator must carry out all preliminary tests, compatibility tests, practical checks and suitability assessments necessary for the specific case.

Failure to carry out preliminary tests, application tests or technical checks excludes any liability of WINKLER for results that do not meet expectations, adhesion defects, incompatibility, alterations, performance decay, aesthetic issues or other inconveniences.

7. No binding technical advice

Unless expressly agreed in writing, WINKLER does not provide, through the website, sales network, e-mail, telephone, meetings, site inspections, pre-sales support or any other form of interaction, any design activity, works supervision, personalized technical validation, compatibility certification or assumption of responsibility in relation to any specific case.

Any suggestions, observations, indications or opinions provided by WINKLER personnel shall be understood as non-binding informational contributions, which must in any event be independently verified by the customer and the appointed professionals.

8. Proper use of products

Products must be used exclusively by competent persons and in accordance with:

  • the instructions in force at the time of use;
  • the updated technical and safety data sheets;
  • good application practices;
  • applicable industry and safety rules;
  • the preliminary checks required by the type of intervention.

WINKLER shall not be liable for damages, defects, inefficiencies, disputes or unsatisfactory results arising from:

  • improper or abnormal use of the product;
  • use for purposes other than those reasonably intended;
  • installation or application errors;
  • failure to prepare the substrate;
  • improper storage, handling or mixing;
  • combination with third-party products or untested systems;
  • use in unsuitable environmental conditions;
  • failure to comply with technical or safety instructions;
  • execution by unqualified personnel.

9. Limitation of liability for results

WINKLER does not guarantee the achievement of any specific technical, aesthetic or functional result, as the final outcome of the use of the products depends on a number of external factors beyond its control, including, by way of example:

  • condition and nature of the substrate;
  • climatic and environmental conditions;
  • storage and transport methods;
  • substrate preparation;
  • quality of execution;
  • combination with other materials;
  • site conditions;
  • actual compliance with instructions;
  • operator competence.

Therefore, all risks relating to the actual use of the products remain with the customer and the persons responsible for their design, selection, application or use.

10. Exclusion and limitation of liability

To the fullest extent permitted by law, WINKLER shall not be held liable, on any grounds, for direct or indirect, pecuniary or non-pecuniary damages arising from or connected with:

  • incorrect choice of product;
  • misinterpretation of technical documentation;
  • failure to carry out prior compatibility or suitability checks;
  • application not in accordance with instructions;
  • improper, abnormal or non-professional use;
  • design, execution or installation errors;
  • defects or issues relating to the substrate or worksite;
  • use of the product in combination with untested or unapproved materials, systems or components;
  • improper storage or preservation;
  • failure to comply with safety regulations;
  • failure to carry out preliminary tests;
  • customer expectations not corresponding to the actual characteristics of the product;
  • business interruptions, lost profits, loss of contracts, site delays, reputational damage, or indirect/consequential damages.

In any event, should WINKLER’s liability be definitively established and to the extent permitted by law, such liability shall not exceed the value of the specific supply to which the complaint relates.

11. Precedence of updated documentation

The customer must consult and use only the most up-to-date version of the technical data sheets, safety data sheets, instructions, warnings and documentation relating to the product.

WINKLER reserves the right to update at any time product characteristics, formulations, technical documentation, packaging, trade names, instructions for use and informational data.

Use of outdated, superseded or unofficial documentation is at the sole risk of the customer and the user.

12. Notice of defects or complaints

The customer must promptly verify the apparent conformity of the supplied products and report any discrepancies, apparent defects or complaints within the time limits provided by law and, where applicable, by the agreed conditions of sale.

In any event, no complaint may be validly raised where the product has already been used, mixed, applied, transformed or incorporated without prior verification or without allowing WINKLER to carry out the appropriate checks, except where otherwise required by mandatory law.

13. Exclusion of liability for works, construction sites and third parties

WINKLER assumes no liability in relation to:

  • design of the intervention;
  • execution of the works;
  • choice of the application system;
  • activities of contractors, applicators, craftsmen, subcontractors or professionals;
  • site coordination;
  • compliance of the final works;
  • defects resulting from subsequent or simultaneous work carried out by third parties.

Responsibility for the proper execution of the works remains entirely with those entrusted with the design, supervision, installation and execution.

14. Force majeure and circumstances beyond control

WINKLER shall not be liable for delays, inability to deliver, unavailability of products or other failures due to force majeure events or circumstances beyond its control, including, by way of example, production interruptions, lack of raw materials, logistical delays, natural events, acts of authorities, strikes, energy crises, breakdowns, war events or health emergencies.

15. Indemnity

The customer agrees to indemnify and hold WINKLER harmless from any claim, demand, action, damage, cost or liability asserted by third parties and arising from:

  • improper use of the products;
  • use not in compliance with instructions;
  • installation or application errors;
  • failure to technically verify the specific case;
  • breach of safety or legal regulations;
  • use of the products in unsuitable contexts or for unintended purposes.

16. Prevalence of specific contractual conditions

For each individual supply, the contractual and commercial documents specifically issued or accepted by WINKLER shall prevail, including any general terms and conditions of sale, order confirmations, offers or special agreements.

These clauses shall apply insofar as they are compatible with and supplementary to such documents.

17. Governing law and jurisdiction

These terms are governed by Italian law.

Any dispute shall be subject to the exclusive jurisdiction of the Court of Milan, without prejudice to any mandatory provisions of law.