General Terms and Conditions of Bauwerk Colour GmbH

Version: 29 July 2026

§ 1 Scope and contracting party

1. These General Terms and Conditions (“Terms”) apply to contracts for the sale and delivery of goods between:

   Bauwerk Colour GmbH

   Hauptstraße 15

   04874 Belgern-Schildau

   Germany

   Telephone: +49 34224 469626

   Email: orders@bauwerkcolour.com

   (“Bauwerk Colour”, “we”, “us”) and its customers, in particular to orders placed through Bauwerk Colour’s German- and English-language EU online stores.

2. For every order governed by these Terms, Bauwerk Colour GmbH is the sole seller and contracting party of the customer. Bauwerk Colour GmbH accepts orders, issues invoices, fulfils and dispatches customer orders, and handles all order-related customer enquiries, withdrawals, returns, complaints and statutory rights relating to defects.

3. Within the Bauwerk Colour business structure, Bauwerk Colour Australia Pty Ltd is responsible for website content, marketing and the generation of orders, and provides related services for the online sales channel. This does not make Bauwerk Colour Australia Pty Ltd the seller or a contracting party of the customer for orders governed by these Terms, and it does not assume Bauwerk Colour GmbH’s obligations under the sales contract. Use of the website and transmission of an order through the online sales channel do not change the allocation of contractual roles stated in paragraph 2.

4. A consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or profession (section 13 of the German Civil Code – BGB). A business customer is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when entering into the transaction (section 14 BGB).

5. In dealings with business customers, conflicting or supplementary customer terms apply only if we have expressly accepted them.

§ 2 Ordering, contract formation, correction of entries and contract record

1. Product displays in the online store are not legally binding offers. They invite the customer to place an order.

2. The customer places the selected goods in the shopping basket. Before submitting the order, the customer can review and correct the selected goods and quantities, delivery and billing details, and the selected delivery and payment method using the functions provided during checkout or the browser navigation.

3. By selecting the final order button, for example “Pay now” or “Complete order”, the customer submits a binding offer to purchase the goods in the shopping basket. An automated acknowledgement that the order has been received is not acceptance of the offer unless it is expressly also described as an order acceptance.

4. We may accept the offer within five working days:

• by sending an express order acceptance by email;
• by sending a dispatch confirmation by email; or
• by dispatching the goods.

   The earliest of these events determines when the contract is formed. If an order is not accepted, any payment already received will be reimbursed without undue delay. A prior payment authorisation or reservation of funds does not by itself constitute acceptance.

5. Once an order for goods mixed, tinted, made or prepared to the customer’s selection has been accepted, we may begin the individual production process.

6. We retain the contract record for the periods required by law. The order data, these Terms and the withdrawal information are provided to the customer on a durable medium, normally by email. If a customer account is offered and used, order information may also be available there.

7. The contract language is the language selected during checkout, currently German or English.

8. Orders are accepted only for delivery countries offered in the online store. Deliveries outside the customs or tax territory of the European Union may attract import duties, taxes or charges. Unless the checkout expressly states otherwise, these are borne by the recipient. Mandatory price and consumer-information rules remain unaffected.

§ 3 Product characteristics, colour representation and project suitability

1. The agreed characteristics of the goods are determined by the product description, the technical information incorporated at the time of ordering and the order acceptance. Public statements and product information apply in accordance with the statutory rules.

2. Colours and finishes shown on screens, in photographs or in printed media may differ from the completed work because of the device, lighting, substrate, printing process and method of application. They are not an exact representation of the final result.

3. Limewash develops a lively, clouded and nuanced appearance through the substrate, absorbency, brushwork, application and light. Variations typical of the product and its application are not defects to the extent that they correspond to the agreed characteristics or to the characteristics ordinarily expected of goods of this kind. Minor differences may also occur between production batches.

4. Before placing a larger order, we recommend testing colour cards and a 250 ml sample pot on the intended substrate and under the actual lighting conditions. This recommendation does not replace our statutory duty to supply conforming goods and does not restrict statutory rights relating to defects.

5. Goods must be stored, prepared and applied in accordance with the applicable product and application instructions. A problem caused after the passing of risk by an unsuitable or inadequately prepared substrate, lack of absorbency, unsuitable primers or coatings, moisture, salts, contamination, incorrect storage, freezing, unsuitable weather, failure to observe drying times, or application contrary to the instructions is not a product defect.

6. Before full application, the product name, colour, container size, quantity, visible condition and, where several containers are supplied, batch details must be checked. Sufficient material from the same batch should be allowed for a continuous surface, and separate containers should be boxed together where recommended in the application instructions.

7. For the obligations of a business customer under these Terms, a professional user means the business customer itself or a painter, applicator, contractor, specifier, architect or other professional appointed by it to select, test, specify or apply the goods. The business customer must itself carry out, or ensure that its appointed professional user carries out, the following project checks before ordering for or beginning the project: review the current technical and application information and independently assess whether the selected product, system and colour are suitable for the intended purpose, substrate, existing coatings, exposure, environmental conditions and required appearance.

8. The business customer must itself carry out, or ensure that its appointed professional user carries out and documents, a representative trial application using the intended preparation, tools and application method. The trial must be allowed to dry fully and be assessed under the relevant lighting and site conditions before the product is ordered for or applied to the full area. Where another person is responsible for approving the finish, the business customer must ensure that approval of the dried trial area is obtained before work continues. Advice, quantity guidance or technical assistance from us does not replace this project-specific professional assessment and does not amount to a guarantee of suitability for a particular project unless we expressly agree otherwise in writing.

9. The business customer must ensure that work is stopped and we are notified without undue delay if the delivery, colour, consistency, behaviour or dried trial result shows an apparent discrepancy. Product must not be applied to the full area while a material concern remains unresolved. To the extent that failure to test, obtain approval, stop work or follow the instructions causes or increases a loss, the statutory rules on causation, contributory fault and mitigation of loss apply.

10. Consumers are asked to carry out the checks and trial application described above, but their statutory rights for defective or incorrectly supplied goods do not depend on compliance with a non-statutory inspection, testing or notification period.

11. Coverage and quantity estimates are indicative. Actual consumption depends in particular on substrate, absorbency, texture and application.

§ 4 Prices and payment

1. Prices displayed to consumers include applicable value added tax. After the delivery country has been confirmed, the checkout may recalculate the price to reflect the VAT rate applicable to the destination. The final total price, including value added tax, delivery charges and any other mandatory charges, is displayed before the customer submits the order. Net prices may be displayed to business customers where this is clearly identified.

2. The payment methods available are shown during checkout. Unless stated otherwise, the purchase price becomes due when the contract is formed.

3. The statutory rules apply to late payment. The statutory default interest rate is five percentage points above the base rate where a consumer is involved and nine percentage points above the base rate where no consumer is involved. The statutory flat-rate compensation for late payment of a business debt remains unaffected.

4. A business customer may set off a claim only if that claim is undisputed or has been finally determined by a court. This does not apply where the counterclaim arises from the same contractual relationship. Statutory rights of retention remain unaffected.

§ 5 Shipping, delivery dates, partial deliveries and passing of risk

1. Delivery countries, available shipping methods, delivery charges and estimated delivery times are shown in the online store or order acceptance. The customer must provide a complete and correct delivery address and any information reasonably required by the carrier.

2. Delivery periods begin when the contract is formed, but not before any agreed advance payment has been received and any information, selection or approval required from the customer has been provided. For individually made goods, the delivery period includes the required production time.

3. Delivery dates and periods described as estimated, anticipated or non-binding are planning estimates and are not guaranteed project dates. A delivery date is binding only if we have expressly confirmed it as binding in text form. A customer’s reference to a desired application, contractor, opening or completion date does not by itself make that date part of the contract.

4. Business customers must allow, and must ensure that any professional user appointed by them allows, reasonable contingency for production, transport, inspection, acclimatisation where relevant, and a representative trial application. Unless we have expressly accepted a binding delivery date in text form, they should not irreversibly commit labour, contractors, scaffolding, access equipment or other project costs in reliance on an estimated delivery date and should not begin time-critical work until the goods have arrived and been checked. Liability for delay-related loss is governed exclusively by § 10.

5. Partial deliveries may be made where reasonable for the customer. A consignment may also be divided where carrier capacity or transport operations require this, in which case individual parcels may arrive on different days. Consumers will not incur additional delivery charges as a result.

6. For consumers, the risk of accidental loss or damage generally passes only when the goods are handed to the consumer or to a third party designated by the consumer to receive them. If a consumer independently commissions a carrier not offered by us, the statutory rules apply.

7. For business customers, risk passes when the goods are handed to the freight forwarder, carrier or other person appointed to carry out the shipment.

8. If delivery fails for a reason for which the customer is responsible, we may charge the actual necessary and reasonable additional cost of a further delivery. The customer may show that no additional cost or a substantially lower cost was incurred. Rights arising from a valid consumer withdrawal, or from non-delivery or incorrect delivery for which we are responsible, remain unaffected.

9. Paint must be protected from freezing after delivery and should generally be stored above 5°C. For consumers, our responsibility for damage occurring before the statutory passing of risk remains unaffected.

10. Events outside our reasonable control, including natural events, official measures, lawful industrial action, failure of essential utility or IT infrastructure, pandemics, or material transport and supply-chain disruption for which we are not responsible, extend performance periods for the duration and to the extent of their effects. We will inform the customer of a material delay. If performance becomes permanently impossible, statutory termination and reimbursement rules apply.

11. Consumers’ mandatory statutory rights in the event of delayed or failed delivery remain unaffected.

§ 6 Retention of title

1. For consumers, the goods remain our property until the purchase price has been paid in full.

2. For business customers, the goods remain our property until all current claims arising from the ongoing business relationship have been paid in full. A business customer may resell goods subject to retention of title in the ordinary course of business. The customer assigns to us in advance the resulting receivable up to the invoice value of those goods, and we accept the assignment. The customer remains entitled to collect the receivable while meeting its payment obligations. If the realisable value of our securities exceeds the secured claims by more than 10%, we will release securities of our choice upon request.

§ 7 Statutory right of withdrawal for consumers

7.1 Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, takes possession of the final item delivered.

To exercise the right of withdrawal, you must inform us:

Bauwerk Colour GmbH

Hauptstraße 15

04874 Belgern-Schildau

Germany

Telephone: +49 34224 469626

Email: orders@bauwerkcolour.com

of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but it is not obligatory. 

You may also exercise your right of withdrawal online at https://www.bauwerkcolour.com/en-eu/withdraw-request. If you use this online function, we will provide without undue delay, on a durable medium such as email, an acknowledgement of receipt stating the content of the withdrawal declaration and the date and time when it was received.

To meet the withdrawal deadline, it is sufficient for you to send your communication exercising the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery, except for supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us. We will make the reimbursement without undue delay and no later than fourteen days after the day on which we receive your decision to withdraw.

We will use the same means of payment that you used for the original transaction unless you have expressly agreed otherwise and you do not incur any cost as a result. You will not be charged any fee for the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent the goods back, whichever occurs first.

You must send back or hand over the goods to Bauwerk Colour GmbH, Hauptstraße 15, 04874 Belgern-Schildau, Germany, without undue delay and no later than fourteen days after the day on which you inform us of the withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct cost of returning the goods.

You are responsible only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

7.2 Exclusion for individually made goods

The right of withdrawal does not apply, in particular, to contracts for the supply of goods that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly personalised.

For Bauwerk Colour, this applies in particular to paint orders of 1 litre or more where the paint is individually mixed, tinted, made or prepared only after the order, according to the customer’s selected colour or another individual customer specification, and is not held as pre-mixed stock. There is no right of withdrawal for such individually made goods even if the container remains unopened or the individual production process has not yet begun.

This exclusion does not affect statutory rights where goods are defective, damaged or incorrectly supplied.

7.3 Standard goods, sample pots and partial withdrawal

The statutory right of withdrawal applies, subject to the withdrawal information above, to standard goods that are not individually made, including colour cards, tools and products regularly held as stock.

The statutory right of withdrawal applies to 250 ml sample pots unless they are made to an individual customer specification outside the standard range. Opening or testing an item does not automatically remove an existing right of withdrawal. Handling beyond what is necessary to establish the nature, characteristics and functioning of the goods may, however, result in liability for diminished value.

A withdrawal may be limited to individual goods or units in an order where a right of withdrawal applies to those goods. Individually made goods for which the right is excluded are not included in a partial withdrawal.

7.4 Model withdrawal form

If you wish to withdraw from the contract, you may complete and return this form. Use of the form is not obligatory.

To:

Bauwerk Colour GmbH

Hauptstraße 15

04874 Belgern-Schildau

Germany

Email: orders@bauwerkcolour.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods:

[Description of goods]

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) – only if this form is notified on paper:

Date:

(*) Delete as appropriate.

§ 8 Returns, transport damage and complaints

1. Returns are handled according to the legal basis on which they are made:

• consumer returns following a valid statutory withdrawal are governed by § 7;
• returns or other remedies concerning defective, damaged or incorrectly supplied goods are governed by § 9; and
• any other return requires our prior express agreement and is a voluntary goodwill arrangement.

2. A return address or return instruction does not itself confirm that a statutory defect claim, refund entitlement or voluntary return has been accepted. We may inspect returned goods to verify their identity and condition and, in the case of a consumer withdrawal, to determine whether any legally permissible deduction for diminished value applies. A valid statutory withdrawal does not require our approval. Mandatory consumer rights remain unaffected.

3. Individually made goods excluded from the statutory right of withdrawal are not accepted for a change of mind or as a voluntary return unless we expressly agree otherwise. This does not affect rights concerning defective, damaged or incorrectly supplied goods.

4. If we agree to another return as a matter of goodwill, the return conditions, return risk, return costs and any actual, necessary and reasonable inspection, handling or restocking costs will be agreed before the goods are sent. Unless otherwise agreed, goods must be unused, complete, securely packaged and in a condition suitable for resale. This paragraph does not apply to a valid consumer withdrawal or a justified statutory defect claim.

5. Goods must not be sent to us freight collect or without sufficient postage unless we have expressly agreed to that method. We may refuse an unauthorised return or arrange its return to the sender and may charge the actual necessary and reasonable additional costs caused by the unauthorised shipment. The customer may show that no additional cost or a substantially lower cost was incurred. Mandatory rights remain unaffected.

6. If goods arrive with apparent transport damage, customers are asked to photograph the goods and packaging, retain the packaging and inform us promptly at orders@bauwerkcolour.com. For consumers, failure to do so does not remove or restrict statutory rights. Merchants remain subject to section 377 HGB.

§ 9 Statutory rights for defects; no additional guarantee

1. Where supplied goods are defective, the customer has the statutory remedies, including the right to cure and, where the statutory requirements are met, reduction of the price, termination and damages.

2. Consumers’ statutory remedies are provided free of charge and are not restricted by these Terms. The statutory limitation periods apply.

3. We provide no voluntary guarantee concerning characteristics, durability, colour, application or manufacture in addition to the statutory remedies unless such a guarantee is expressly given for the relevant goods in a separate guarantee statement. Product information, application instructions, colour cards, samples, general quality statements and assistance do not by themselves constitute a guarantee.

4. Colour movement, nuance and minor batch differences typical of the product and application are not defects where the goods meet the agreed and objectively expected characteristics. Statutory rights remain available where the goods depart from the agreed characteristics or legitimate objective requirements.

5. Damage or impairment caused after the passing of risk by incorrect storage, freezing, an unsuitable or improperly prepared substrate, unsuitable third-party products, failure to follow product or application instructions, incorrect application, or ordinary wear resulting from use is not a defect in the goods as supplied. This applies only to the extent that the relevant circumstance caused the result complained of.

6. To help us assess a complaint promptly, customers may email orders@bauwerkcolour.com with the order number, a description of the issue and, where readily available, clear photographs. For consumers, this is not an additional formal requirement or time limit for exercising statutory remedies. Goods should not be returned without prior coordination; mandatory statutory rights remain unaffected.

7. Merchants are subject to the duty to examine goods and give notice of defects under section 377 of the German Commercial Code (HGB). Statutory exceptions, including fraudulent concealment of a defect, remain unaffected.

8. If material is applied despite an incorrect delivery or discrepancy that was apparent before application, the consequences are determined by law, including the rules on knowledge of a defect, contributory fault and mitigation of loss. Statutory consumer rights are not excluded by a blanket inspection or notification clause.

§ 10 Liability

1. The limitations and exclusions of liability set out in this § 10 do not apply:

• where loss or damage was caused intentionally or through gross negligence by us, our legal representatives or agents;
• to culpably caused injury to life, body or health;
• to liability under the German Product Liability Act;
• where a defect was fraudulently concealed; or
• where liability cannot otherwise lawfully be excluded or limited.

Liability arising from an expressly given guarantee is governed by the applicable guarantee statement.

2. If we negligently breach an essential contractual duty, our liability is limited to the loss that was foreseeable and typical for the contract when it was concluded. An essential contractual duty is one whose performance is necessary for proper performance of the contract and on which the customer may ordinarily rely.

3. Liability for other loss caused by ordinary negligence is excluded.

4. Paragraphs 1 to 3 also apply to liability for delayed delivery. In particular, an estimated or non-binding delivery date does not by itself create liability as if a guaranteed project deadline had been missed.

5. For business customers, where liability exists under paragraph 2, loss of profit, loss of production, contractor waiting time, scaffolding or equipment standing time, additional travel, remobilisation, rescheduling and comparable indirect or consequential project loss are recoverable only to the extent that the loss was foreseeable as a typical consequence of the specific contract when it was concluded. The business customer must inform us before the contract is concluded of any exceptional deadline, dependency or unusually high loss exposure and must give us an opportunity to accept it expressly. Paragraph 1 remains unaffected.

6. These liability provisions also apply for the benefit of our legal representatives, employees and vicarious agents.

7. Independent stockists, recommended or listed applicators and other independent third parties are not our vicarious agents unless we have expressly appointed them to perform one of our own contractual duties.

§ 11 Cancellation outside the statutory right of withdrawal

1. There is no contractual cancellation or return right unless expressly agreed. Consumers’ statutory right of withdrawal and all statutory rights relating to defects remain unaffected.

2. An accepted order for individually made goods may be cancelled only with our agreement. If we agree to a cancellation as a matter of goodwill, we may deduct actual necessary and reasonable costs already incurred. We will explain the calculation, and the customer may show that no cost or a substantially lower cost was incurred.

§ 12 Governing law, jurisdiction and consumer dispute resolution

1. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of protection under mandatory provisions of the law of the country in which the consumer habitually resides.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, Leipzig is the exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship. Mandatory statutory places of jurisdiction remain unaffected.

3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

§ 13 IP material

Copyright, trade marks and website content

1. Unless otherwise indicated, the text, photographs, colour presentations, graphics, videos, guides, product information, website design and other original content made available through this website are owned by, or licensed to, Bauwerk Colour Australia Pty Ltd and are protected by applicable copyright and other intellectual-property laws.
2. Bauwerk Colour names, logos, product names and other brand identifiers may be registered or unregistered trade marks owned by, or licensed to, the relevant Bauwerk Colour company. No right or licence to use them is granted except with prior written permission from the applicable rights holder.
3. Website content may be viewed and downloaded for personal, non-commercial use connected with evaluating or using Bauwerk Colour products. It may not otherwise be copied, reproduced, modified, republished, distributed, commercially exploited or used to create derivative materials without prior written permission. Any rights in third-party materials remain with their respective owners.
4. Product information, application guidance and other website content do not replace the customer’s obligation to assess product suitability and comply with the testing requirements set out in these Terms.

§ 14 Final provisions

1. The version of these Terms incorporated when the order is submitted applies to that contract. Later amendments apply only to future contracts unless expressly agreed with the customer.

2. If any provision of these Terms is wholly or partly invalid, the statutory provisions apply in its place. The validity of the remaining provisions is unaffected.

© 2026 Bauwerk Colour Australia Pty Ltd. All rights reserved.

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