Refunds & Returns
§ 2 Delivery
- If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
- All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
- Delivery costs within the EU are priced as shown at checkout and where applicable the customer can choose between one or more delivery options. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
- The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commercial Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
- Extra charges may be passed on to the customers for express courier services or certified parcel deliveries if such services are requested by the customer. Unclaimed or otherwise returned orders to us by the courier services may attract an additional service fee if the customer wants to have the order (or part order) resent.
- Coronavirus (or similar events) and similar related supply chain delays for land, sea and air transportation must be expected to occur from time to time and Bauwerk Colour shall not be liable for any delivery delays that are outside of Bauwerk Colours stated delivery times. Bauwerk Colour shall not be held liable for any consequential losses due to delivery difficulties. We advise our customers to order well in advance and book in tradesmen only when all material is on hand.
§ 3 Statutory Right of Withdrawal
- .Statutory Right of Withdrawal
If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
- In order to exercise the statutory right of withdrawal, the customer must notify us (Bauwerk Colour UG (haftungsbeschränkt), Hauptstraße 15, 04874 Belgern-Schildau, Germany, Telephone +49 34224 469626, Email [email protected]) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail or email). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
- The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
- Consequences of Withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
- The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
- We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
- The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
- Exclusions from the Statutory Right of Withdrawal
The statutory right of withdrawal shall not apply in the following cases:
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of newspapers, journals or magazines, excluding subscription contracts.
Statuary Right of Withdrawal for consumer (as per § 13 of the German Commercial Code)
Please take into consideration that the Statuary Right of Withdrawal will not apply for goods that have been especially assembled for you and which cannot be disassembled.
As paint orders of 1 litre or more are especially mixed just for you (we do not hold stock of pre-mixed colours), we wish to advise you that prior to ordering such amounts of paint you can order a range of colour cards and sample pots of 250ml to test the paint for your application.
All undamaged and unopened sample pots of 250ml in size you can send to us back free of charge within the 14 day period mentioned under § 3, section 4.
Sample – Statuary Right of Withdrawal Form (If you wish to return goods under the Statuary Right of Withdrawal)
Bauwerk Colour UG (haftungsbeschränkt)
Hauptstraße 15, 04874 Belgern-Schildau, Germany
Telephone +49 34224 469626
Email [email protected]
Herewith I/we* exercise my/our* Statuary Right of Withdrawal for the contract for the following goods: Order Date* / Date Goods Received* Name of Customer Address of Customer Signature of Customer Date
We do not offer refunds for any orders that have been fulfilled. It is the customers responsibility to check the order confirmation and contact us immediatly in cases where changes are deemed necessary.
We will replace any product that is proved to be faulty. We do not accept liability beyond replacing of faulty goods.
The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage or deviation from the ordered goods, including mis-tints.
Customers who are merchants or commercial customers must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
Please note: We do not accept consequential losses, due to time delays or application of mis-tinted or mis-labelled paints. It falls into the responsibility and/or contractual obligation of the applicator to check that all supplied materials are up to the specifications; as is the timely ordering of materials by the responsible contractor to ensure the project is finished on schedule.
Cancellation after order payment completion
In cases where orders have been paid but not yet fulfilled and the customer cancels all or part of the order Bauwerk Colour UG will refund the amount charged less a 10% charge for bank fees and related cancellation charges.