EU Legal Guarantee Rights

What the legal guarantee means for Bauwerk Colour customers

This information applies to consumers in the European Union who purchase goods from Bauwerk Colour for purposes primarily outside their trade, business or profession. It does not apply in the same way to purchases made by businesses or professional customers.

The legal guarantee is provided by the seller, Bauwerk Colour GmbH. It is separate from the right to withdraw from an online purchase and from any voluntary commercial guarantee.

Under EU consumer law, goods must conform to the sales contract. This means that the product supplied must correspond to its description, quantity, quality and agreed characteristics; be suitable for its normal purpose; include the information and instructions that may reasonably be expected; and possess the characteristics that a consumer may reasonably expect from goods of that kind.

Consumers have a minimum two-year legal guarantee period beginning when the goods are received. National law may provide additional protection.

The legal guarantee also applies to paint that has been individually mixed or tinted. Although such paint may be excluded from the 14-day right of withdrawal, this does not affect the consumer’s rights if the paint is defective, damaged or incorrectly supplied.

What may constitute a lack of conformity?

Depending on the circumstances, a lack of conformity may include:

• the wrong product, colour, container size or quantity being supplied;
• paint arriving damaged, leaking or adversely affected before delivery;
• paint that is contaminated, spoiled or otherwise unusable when correctly stored, prepared and applied;
• a material difference from the characteristics expressly stated in the product description or agreed at the time of purchase; or
• a product that does not perform as goods of that kind may reasonably be expected to perform when used for their intended purpose and in accordance with the applicable instructions.

Each concern must be assessed according to its particular facts. Natural product characteristics do not excuse an incorrect delivery or a product that fails to meet its agreed or reasonably expected characteristics.

What is specific to limewash paint?

Bauwerk Limewash is a mineral finish. Its final appearance is created through the interaction of the paint with the substrate, absorbency, preparation, brushwork, coat thickness, drying conditions and light.

For this reason, the finished surface may show tonal movement, variation and differences in depth. These are characteristic of limewash and are not in themselves evidence of a defect where they correspond to the agreed and ordinarily expected characteristics of the product.

Screen images and photographs cannot reproduce colour exactly. Their appearance varies with the device, display settings, photography and surrounding light. A hand-painted Colour Card provides a more reliable physical colour reference, but the final result may still differ because the actual substrate and method of application influence the finish.

Minor differences may also occur between production batches. When several containers are used on one continuous surface, the containers should be checked and, where recommended, mixed together before application.

These natural variables do not mean that every colour or performance difference must be accepted. A substantial departure from the colour, characteristics or performance that was agreed or could reasonably be expected will be assessed as a possible lack of conformity.

Problems caused after delivery

A product problem is not normally a defect in the goods as supplied where it was caused after delivery by circumstances such as:

• freezing or unsuitable storage;
• an incompatible, contaminated or inadequately prepared substrate;
• non-absorbent existing paint or unsuitable third-party primers and coatings;
• moisture, salts, tannins, oils or other substances emerging from the substrate;
• application outside the stated temperature or weather conditions;
• failure to observe mixing, drying or application instructions; or
• ordinary wear, weathering or maintenance requirements associated with the location and exposure.

This applies only where the relevant circumstance caused or contributed to the problem. Bauwerk Colour will assess the product, substrate, preparation and application information together rather than treating the appearance of the completed surface alone as proof of either a product defect or an application problem.

Sampling before application

Before placing a larger order, a physical Colour Card should be reviewed and a Sample Pot applied to a representative area or suitable sample board prepared in the same way as the intended surface. The sample should be allowed to dry fully and assessed under the relevant lighting conditions.

This helps establish whether the selected colour, substrate preparation and application method will create the intended result. It does not replace Bauwerk Colour’s obligation to supply conforming goods and does not restrict statutory consumer rights.

What to do if something appears wrong

If the product, colour, condition or behaviour appears inconsistent with the order or product information, stop before applying it to the full area and contact Bauwerk Colour.

To help us assess the matter promptly, please provide, where readily available:

• the order number;
• the product and colour name;
• photographs of the container, label and batch details;
• photographs showing the issue;
• a description of the substrate and its preparation;
• the products and tools used;
• relevant storage, temperature or weather information; and
• details of how much material has already been applied.

Please retain the container, label and any remaining product and do not return or dispose of them until return or inspection arrangements have been agreed. Providing this information is intended to make assessment easier; it is not an additional formal deadline or condition for exercising statutory consumer rights.

Claims may be sent to:

Bauwerk Colour GmbH
Hauptstraße 15
04874 Belgern-Schildau
Germany
Email: orders@bauwerkcolour.com
Telephone: +49 34224 469626

What happens after a complaint?

We will review the order details and the information available. We may ask reasonable questions, request further photographs or arrange for the remaining product to be returned or inspected.

Where the goods are not in conformity, statutory remedies are provided free of charge. Depending on the circumstances and the applicable law, this may involve correction of the problem or delivery of conforming replacement goods. If conformity cannot be restored, is refused, or is not achieved within a reasonable time and without significant inconvenience, the consumer may be entitled to an appropriate price reduction or to end the contract, subject to the statutory requirements.

During the first year after delivery, a lack of conformity that becomes apparent is generally presumed to have existed when the goods were delivered unless that presumption is incompatible with the nature of the goods or the problem. Some EU countries provide a longer period for this presumption.

Nothing on this page limits mandatory consumer rights under applicable EU or national law.

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