Terms and Conditions
These General Conditions of Sale concern the purchase of WINY products made remotely via the internet on the website www.winy-design.com, belonging to the Winest group of Panizzolo Paolo (hereafter referred to as "Winest"), with its headquarters at via G.B. Vico, 8 in Paderno Dugnano (MI). Every purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05, and other applicable regulations; the information directed towards the conclusion of the contract will be subject to Article 12 of Legislative Decree 70/03, and with regard to privacy protection, it will be subject to the provisions of EU Regulation 679/2016.
1. General Information
The items for sale are handcrafted from various materials such as solid wood, composite wood panels, steel, veneer in various wood essences, ornamental greenery such as stabilized lichen, glass, plexiglass, and more. Any movements in the wood, small cracks, and changes in the wood over time cannot be considered grounds for complaints or product imperfections but are a natural settling of the wood based on different environmental conditions. The possible appearance of stains or small mold clusters on the product's surface is also a normal reaction of solid wood, especially in the case of prolonged storage of the product in the appropriate transport crates.
Another typical characteristic of products made from solid cedar wood is the possible release of resin naturally found within the wood, especially in the first few months after purchase.
It is also recommended to store wooden items in dry and well-ventilated places.
2. Conclusion of the Contract and Acceptance of the General Conditions of Sale
The sales contracts for products on the website www.winy-design.it are considered concluded when the purchase order placed by the customer is received by Winest and the latter accepts it. Winest will promptly send the customer a receipt of the purchase order placed by the customer. By submitting their purchase order electronically, the customer declares that they have read and accepted these general conditions of the contract and agrees to observe and comply with them in their dealings with Winest, as well as the Privacy Policy and Cookies Policy.
3. Processing of Personal Data
Pursuant to Article 13 of EU Regulation 679/2016, Winest informs that the personal and fiscal data acquired, including verbally, in relation to established commercial relationships, provided directly by the interested parties or otherwise acquired as part of the company's activities, will be processed in compliance with the aforementioned regulation, including the confidentiality obligations provided therein. In relation to the aforementioned data, the rights provided for by EU Regulation 679/2016 may be exercised.
4. Customer Obligations
The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale. Submitting the purchase order implies full knowledge and acceptance of these conditions. Finally, once the online purchase procedure is completed, the Customer is required to print and keep these general conditions of sale, which have already been reviewed and accepted during the conclusion of the contract.
5. Order Definition
By submitting the online order, the Customer sends Winest a proposal to purchase the product(s) placed in the cart. When the Customer places an online order for the products in the cart, they agree to purchase them at the price and under the terms stated in these General Conditions of Sale. Winest will notify the Customer of the acceptance and confirmation of the order.
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. Every effort has been made to display as accurately as possible the colors and images of the products that appear in the store, but we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Winest reserves the right to limit the quantities of any product or service that is offered. All product descriptions or product prices are subject to change at any time without notice, at the sole discretion of the company. We reserve the right to discontinue any product at any time. We do not guarantee that the quality of any products, services, or other materials purchased or obtained by the customer will meet their expectations in terms of materials and colors, and that any errors in the service will be corrected.
6. Purchase Method
The customer purchases the product, the characteristics of which are illustrated online in the respective descriptive and technical sheets. Before submitting the purchase order, the unit cost of each selected product and the total cost in case of purchasing multiple products are summarized. Once the purchase order is submitted, the customer will receive an email from Winest confirming receipt of the purchase order and containing information regarding the main characteristics of the purchased item, a detailed indication of the price, applicable taxes, and payment methods, as well as a reference to these terms and conditions of the contract and information about the existence of the right of withdrawal, the conditions, and methods for exercising it as displayed on the website.
7. Payment
The customer can make the due payment by choosing one of the following methods listed below. Payment by Credit Card or PayPal: If the customer intends to pay by credit card, they can use the dedicated payment procedure managed by Shopify or PayPal, which ensures the confidentiality of the data provided by the customers. For more information and further Legal Agreements, the Customer is referred to the website www.paypal.com or https://it.shopify.com/legal/privacy.
Payment by Bank Transfer: Payment by bank transfer can be made using the following details: – IBAN: IT67 W056 9633 9900 0001 0674 X26 – Account Holder: Winest di Panizzolo Paolo – Reason for Payment: Purchase on e-commerce
If payment is made by bank transfer, the purchased goods will be shipped according to the methods outlined in the following section "Delivery of Products" to the address indicated by the customer upon receipt of the credit, usually within two to five days after the transfer is made (timing varies depending on the bank used). To facilitate the process, the payment receipt along with your order number can be sent via email to: sales@winy-design.com.
8. Delivery of Products
The purchased goods, along with the relevant invoice, are delivered by courier to the address specified by the Customer at the time of the online order. Any specific requirements should be communicated by the customer to sales@winy-design.com. In the event of non-delivery due to the recipient's absence at the address indicated in the order, the courier will leave a notice and will attempt delivery a second time; if the recipient is still absent, the goods will be returned to the sender (Winest) and the Customer will not be entitled to any refund. The Customer may proceed to pick up the goods or request a new shipment at their own expense.
9. Warranty of Conformity and Defective Products
Winest is liable for any lack of conformity that becomes apparent within two years from the delivery of the goods. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where applicable, any public statements on the specific characteristics of the goods made about them by the seller, the producer, or their representative, particularly in advertising or on labeling; d) they are also suitable for any particular purpose required by the consumer and made known to the seller at the time of the conclusion of the contract and which the seller has accepted, even implicitly; e) the items are made of wood, including solid wood. Any movements of the wood, small cracks, and changes in the wood over time cannot be considered grounds for complaints or defects of the product but are a natural settlement of the wood according to different environmental conditions. The possible appearance of stains or small mold growths on the surface of the product is also a normal reaction of solid wood. Another typical feature of products made from solid cedar wood is the possible release of resin naturally found within the wood, especially on the bottom of the product.
The consumer loses any rights if they do not report the lack of conformity to the seller within two months from the date on which the defect was discovered. In the event of a lack of conformity, the consumer may request, alternatively and without charges, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for Winest according to Article 130, paragraph 4, of the Consumer Code.
The request must be submitted in writing by registered mail with return receipt or via certified email to Winest, which will indicate its availability to fulfill the request or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, if Winest has accepted the consumer's request, it must indicate the methods of shipping or returning the goods and the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively burdensome, or if Winest has not carried out the repair or replacement of the goods within the time limit referred to in the previous point, or, finally, if the previously carried out replacement or repair has caused significant inconvenience to the consumer, the consumer may request, at their choice, a reasonable reduction in the price or the termination of the contract. In such cases, the consumer must submit their request to Winest, which will indicate its availability to fulfill the request or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, if Winest has accepted the consumer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the consumer's responsibility to indicate the methods for crediting the amounts previously paid to Winest.
10. Right of Withdrawal
The Buyer has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the purchased goods. If the Buyer decides to exercise the right of withdrawal, they must notify the seller by registered mail with return receipt to the address:
WINEST di Panizzolo Paolo
Via G.B. Vico, 8
(MI) Italy
Or by email to: winest@pec.it
provided that such communications are confirmed by sending a registered letter with return receipt to the address within 48 (forty-eight) hours or via certified email to the email address winest@pec.it. For the purpose of exercising the right of withdrawal, the communication may validly be replaced by the return of the purchased goods, provided it is within the same terms. The date of delivery to the post office or courier will be considered as the date of communication between the parties.
The return of the goods must, in any case, take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.
The only expenses due by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier. The Supplier will provide a full refund of the amount paid by the Buyer within 30 (thirty) days from the receipt of the withdrawal notice, excluding any costs incurred for the return of the goods to the Supplier, including, but not limited to, transportation, shipping, packaging, etc.
Upon receipt of the communication in which the Buyer exercises the right of withdrawal, the parties to this contract will be released from their mutual obligations, except as provided in the preceding points of this article.
11. Methods for Exercising the Right of Withdrawal
The right of withdrawal is exercised by sending, within the aforementioned period, a written communication to Winest via registered letter with return receipt to the following address:
WINEST di Panizzolo Paolo
Via G.B. Vico, 8
(MI) Italy
or via certified email to: winest@pec.it.
If the delivery of the goods has occurred, the customer must return them to Winest within 30 (thirty) days from the date of delivery. The goods must be returned to Winest complete with all parts and any accessories or instruction manuals and everything originally delivered to the customer, as well as packaged in their original packaging. The returned product must include a copy of the electronic order receipt. The return shipping costs to Winest are the sole responsibility of the customer and can never be refunded. If the right of withdrawal is exercised by the customer in accordance with the provisions of this clause, Winest is required to refund the amounts paid by the customer, except for the shipping and return costs. Specifically, Winest will proceed to transmit the order for the refund of the cost of the shipped goods, excluding shipping costs, within 30 (thirty) days from the date it becomes aware of the customer's exercise of the right of withdrawal. This operation will be carried out by crediting the amount to the bank account indicated by the customer. Winest reserves the right to reject any returned products that do not comply with the methods specified above, as well as products for which the return shipping costs have not been fully paid by the customer, or if the methods and times indicated for the communication of the exercise of the right of withdrawal have not been respected, or if they are not complete with all parts and any accessories or instruction manuals and everything originally delivered to the customer, as well as packaged in their original packaging.
12. Express Termination Clause
In the event of total or partial non-payment of the purchase price of the goods, Winest reserves the right to declare this contract terminated pursuant to and for the purposes of Article 1456 of the Civil Code by sending a written communication to the customer's email address.
13. Complaints
For any complaints or clarifications, the customer must write to the email address info@winy-design.it. The customer will be contacted for clarifications within 3 (three) business days from the request.
14. Applicable Law and Jurisdiction
This contract is governed by Italian law. All disputes arising from this contract will be referred to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Milan and resolved according to the conciliation regulations adopted by it. If the Parties intend to take the matter to the ordinary Judicial Authority, the court of exclusive jurisdiction is Milan. Only in cases where the party is classified as a consumer, as regulated by the consumer code, the competent court is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the consumer code.
15. Delivery of Products
Shipping costs within Italy are included with any purchase. The purchased item, along with the related invoice, is delivered by courier to the address specified by the Customer at the time of the online order. Any specific requirements should be communicated by the customer to sales@winy-design.com. In the event of non-delivery due to the recipient's absence at the address indicated in the order, the courier will leave a notice and make a second attempt; if the recipient is absent again, the goods will be returned to the sender (Winest), and the Customer will not be entitled to any refund whatsoever. The Customer can arrange to pick up the goods or request a new shipment at their own expense.