Refunds & Returns

§ 2 Delivery

1. 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.
2. All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
3. 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.
4. 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 within 14 days of receiving the delivery.
5. 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.
6. 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

3.1 Statutory Right of Withdrawal

If the customer is a consumer within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), the customer has the right to withdraw from this Contract within fourteen (14) days without giving any reason, unless the statutory right of withdrawal is excluded.

The withdrawal period is fourteen (14) days from the day on which the customer, or a third party appointed by the customer who is not the carrier, takes possession of the final goods delivered.

To exercise the statutory right of withdrawal, the customer must inform us:

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

The customer must inform us by means of a clear declaration of the decision to withdraw from this Contract, for example by letter sent by post or by email. The customer may use the model withdrawal form provided for this purpose; however, use of the model form is not mandatory.

For contracts concluded online, consumers may also use the electronic withdrawal function provided on our website. This function can be accessed via the button labelled “Withdraw from contract” / “Vertrag widerrufen”. After entering the required order details, the customer can review the withdrawal declaration and submit it by clicking “Confirm withdrawal” / “Widerruf bestätigen”. We will confirm receipt of the withdrawal declaration electronically without undue delay.

The withdrawal deadline is met if the customer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

3.2 Consequences of Withdrawal

If the customer withdraws from this Contract, we must reimburse all payments received from the customer for the order, including the costs of the original standard delivery from us to the customer, without undue delay and no later than fourteen (14) days from the day on which we receive the customer’s notice of withdrawal from this Contract.

This reimbursement does not include any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery option offered by us.

We will use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise. Under no circumstances will the customer be charged a fee for this reimbursement.

We may withhold reimbursement until we have received the returned goods or until the customer has provided proof that the goods have been returned, whichever is earlier.

The customer must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which the customer notifies us of the withdrawal from this Contract. The deadline is met if the customer sends the goods before the fourteen-day period has expired.

The customer is only liable for any diminished value of the goods if this loss in value is attributable to handling of the goods which was not necessary to establish the nature, characteristics and functioning of the goods.

3.3 Return Shipping Costs

The customer bears the direct cost of returning the goods to us.

This applies to returns following the exercise of the statutory right of withdrawal, unless we have expressly agreed otherwise.

This provision does not affect the customer’s statutory rights in relation to defective, damaged or incorrectly supplied goods. Where goods are returned because they are defective, damaged or incorrectly supplied, the handling of return costs will be determined in accordance with the applicable statutory rights and remedies.

3.4 Exclusions from the Statutory Right of Withdrawal

The statutory right of withdrawal does not apply in the following cases:

1. the delivery of goods which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly tailored to the consumer’s personal requirements;
2. the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
3. the delivery of goods which, after delivery, are inseparably mixed with other goods due to their nature;
4. the delivery of newspapers, journals or magazines, with the exception of subscription contracts.

For Bauwerk Colour products, the exclusion in subsection (a) applies in particular to paint orders of 1 litre or more. These paint orders are mixed, tinted, manufactured, prepared, or otherwise supplied specifically for the customer according to the customer’s selected colour and order specification. Bauwerk Colour does not hold stock of pre-mixed colours for such orders.

For this reason, the statutory right of withdrawal is excluded for paint orders of 1 litre or more, even if the container has not been opened or used.

Before placing an order for paint of 1 litre or more, customers may order colour cards and 250 ml sample pots to test colour, finish, and suitability for their intended application.

Undamaged and unopened 250 ml sample pots may be withdrawn from and returned within the fourteen (14) day withdrawal period, provided that the statutory requirements for withdrawal are met. The customer bears the direct cost of returning the goods to us, unless we have expressly agreed otherwise or the return concerns defective, damaged or incorrectly supplied goods.

3.5 Partial Withdrawal

Where an order contains several goods or units, the customer may declare withdrawal in relation to individual goods or units only where the statutory right of withdrawal applies to those goods or units.

A partial withdrawal is not available for goods for which the statutory right of withdrawal is excluded. This includes paint orders of 1 litre or more and other goods that are mixed, tinted, manufactured, prepared, or otherwise supplied according to the customer’s selected colour or other individual order specification.

For example, if an order contains both paint of 1 litre or more and 250 ml sample pots, the statutory right of withdrawal may apply to the undamaged and unopened 250 ml sample pots, but not to the paint of 1 litre or more that has been mixed or prepared specifically for the customer.

Nothing in this section affects the customer’s statutory rights in relation to defective, damaged or incorrectly supplied goods.

Sample – Statuary Right of Withdrawal Form (If you wish to return goods under the Statuary Right of Withdrawal)

Bauwerk Colour GmbH

Hauptstraße 15, 04874 Belgern-Schildau, Germany
Telephone +49 34224 469626
Email orders@bauwerkcolour.com

Herewith I/we* exercise my/our* Statuary Right of Withdrawal for the contract for the following goods:

Order Number:

Order Date* / Date Goods Received*:

Name of Customer:

Address of Customer:

Signature of Customer:

Date:

*Please cross out fields not applicable

Download sample form here

Refunds

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 GmbH will refund the amount charged less a 10% charge for bank fees and related cancellation charges.