Last review date: 12 October 2026
These Terms apply to purchases from Bauwerk Colour GmbH for delivery to the United States or Canada through our North American website, by email, telephone, quotation, invoice, trade account or another agreed ordering method. This version applies to orders for which it is made available before the contract is formed.
Bauwerk Colour GmbH
Hauptstraße 15
04874 Belgern-Schildau
Germany
Telephone: +49 34224 469626
Email: orders@bauwerkcolour.com
Website: https://www.bauwerkcolour.com/en-us
Bauwerk Colour GmbH is the seller and contracting party. It accepts orders, invoices, fulfils and dispatches them, and handles order enquiries and claims.
Bauwerk Colour Australia Pty Ltd provides website content, marketing and related brand services. This does not make it the seller or transfer Bauwerk Colour GmbH’s sales obligations to it.
In these Terms:
These Terms form part of a contract only where made available before or when the contract is formed and accepted through the ordering process or another lawful method. Opening or using Goods does not impose terms that were not properly incorporated beforehand.
The contract includes the accepted order, any expressly agreed project conditions and the relevant product information, technical instructions, delivery terms and written warranty made available before purchase. Our Privacy Policy explains our handling of personal information; accepting these Terms does not replace any separately required privacy consent.
Subject to section 3, expressly agreed project conditions take precedence over these Terms. These Terms take precedence over inconsistent general shipping, returns or website policy wording. An order confirmation cannot unilaterally introduce a material change to an order already accepted.
This hierarchy does not override applicable law, an enforceable product representation, an applicable written warranty or a right that cannot lawfully be limited.
A Trade Customer’s purchase order or procurement conditions do not change these Terms unless we expressly accept the change in writing.
A person ordering for another person or entity must have authority to do so. This does not by itself make an authorised representative personally liable for the purchaser’s obligations.
The contract is ordinarily made in English. Where applicable law requires French-language terms, documents, disclosures or a particular language-choice process, those requirements apply. An English-language website, order or acceptance of these Terms does not by itself waive such a requirement.
Nothing in these Terms excludes or restricts a statutory warranty, legal guarantee, cancellation right, remedy, compensation entitlement, court right or other protection that cannot lawfully be excluded or restricted.
US customers retain applicable federal, state, district and territorial rights, including rights concerning product descriptions, express and implied warranties, shipment delays, refunds and unfair or deceptive practices.
We do not disclaim Consumers’ implied warranties of merchantability or fitness for a particular purpose through these Terms, or impose a contractual deadline that shortens their applicable statutory claims period.
Canadian customers retain applicable federal, provincial and territorial rights, including rights concerning quality, fitness, durability, description, hidden defects, distance-sale disclosures, delivery, cancellation, refunds and legally available chargebacks.
For Québec Consumers, these Terms do not waive applicable legal warranties or other protections under Québec law, or require submission to a foreign law or forum contrary to that law.
A trade account, professional discount, large order or use of a contractor does not determine statutory consumer status. Business-only provisions apply only to transactions that are genuinely business transactions and only to the extent permitted by applicable law. Any statutory protection extending to a business purchaser remains unaffected.
These Terms concern US and Canadian deliveries. EU withdrawal rights and the EU legal guarantee are not granted merely because the seller is established in Germany. Rights independently applicable under mandatory law remain unaffected.
Product information and application guidance assist selection and use. They do not replace inspection of the actual substrate, suitable preparation, competent workmanship or compliance with applicable building and safety requirements.
Unless separately agreed, we do not provide architectural, structural, engineering, waterproofing, heritage or other regulated professional services.
Advice based on photographs, descriptions, telephone calls or email is necessarily limited by the information available. Tell us about relevant substrates, existing coatings, exposure, application conditions and performance requirements.
This does not exclude responsibility for inaccurate advice or a particular-purpose recommendation where applicable law provides a remedy.
Preparation must suit the actual substrate. Bauwerk Prep Coat and a substrate-sealing primer have different functions; Prep Coat is not automatically a substitute for a primer-sealer. Follow the current instructions for each product and preparation system.
We take reasonable care with website information. Screen colours and photographs may differ from the applied finish because of the device, lighting, image processing, substrate and application.
Website display does not guarantee availability. Before acceptance, we may correct an error or advise that Goods are unavailable. We will not substitute a materially different product, colour or specification in an accepted order without your agreement or impose a higher price after acceptance.
If we cannot supply an accepted order, we will notify you and provide the remedy required by the contract and applicable law, including any required refund.
A quotation is valid for the period stated in it. Website listings ordinarily invite you to place an order rather than constitute an offer capable of immediate acceptance, subject to applicable law.
Before submitting an online order, you can review and correct the selected Goods, quantities, address and payment details, and accept or decline the order. Required price, delivery and cancellation information must be available at this stage.
Unless applicable law determines an earlier formation time, your order is an offer that we accept by an express order acceptance, a dispatch confirmation or dispatch of the Goods, whichever occurs first.
An acknowledgement stating only that we received your order is not an acceptance. Payment alone does not determine acceptance. We will make the status of our communications clear and reimburse payments promptly if an order is not accepted.
Contract formation is not postponed until customs clearance. We cannot postpone a statutory shipment, cancellation or refund obligation merely by delaying an acceptance notice.
We will email a retainable copy of the contract information and applicable Terms promptly after formation. For Canadian consumer distance contracts, this will be within 15 days of formation or any earlier deadline required by applicable law.
The copy will include your name and address, the contract date, the supplier information, the Goods and quantities, itemised prices and charges, currency, payment and delivery arrangements, and applicable cancellation and return conditions. You may save or print it.
Prices are in the currency identified on the website, quotation and checkout. The final order total identifies the Goods, delivery charges and taxes or other charges collected by us. Mandatory charges must be disclosed before purchase as required by law.
Our normal policy is payment of 100% of the order total when ordering, before production or dispatch. Bank transfer is accepted for orders for which that method and timing are lawful; other available methods are shown at checkout or agreed with us.
For a Trade Customer, 100% of the order total is payable at ordering, with full cleared payment required before production, stock reservation or dispatch. We do not grant credit merely because an account, invoice or purchase-order number is supplied.
For a consumer distance contract subject to Québec’s advance-payment rules, payment before delivery is accepted by credit card only, unless a specific statutory exception applies. We will not require advance payment by bank transfer or another prohibited method for such a contract. Any alternative payment timing must comply with the applicable law.
For a lawful bank-transfer order, arrange payment in the invoiced currency and amount. Any charge payable to us must be disclosed and lawful. Your bank or payment provider may apply its own exchange rate or charges; this does not reduce a refund or other entitlement we are required to provide.
Goods supplied through this store are ordinarily dispatched from Germany. Unless we expressly offer another delivery basis, shipment is DAP the named destination, Incoterms® 2020: we arrange carriage; the recipient handles import clearance, import duties, destination taxes and unloading.
Charges collected by us and any recipient-paid import or clearance charges will be identified before ordering to the extent required by law. Where an amount cannot reasonably be calculated in advance, we will disclose the applicable basis or the fact that the charge may be payable. We do not warrant that an export consignment is free of import charges.
This allocation does not transfer to the Customer any product-compliance or seller obligation that the law places on us.
Consumers retain applicable rights to withhold payment, dispute a charge or obtain a chargeback. A Trade Customer may set off an undisputed or finally determined claim; applicable rights arising from the same contractual relationship and statutory rights of retention remain unaffected.
Check the order confirmation and tell us promptly about discrepancies. This does not transfer responsibility for an error made by us or remove a remedy for incorrectly supplied Goods.
Coverage calculations are estimates. Consumption depends on the substrate, absorbency, texture, preparation, tools, number of coats and application. Allow reasonable quantities for testing, wastage and maintenance.
For a continuous area, order sufficient material together where practicable. Later batches may show minor natural differences. This does not excuse a material departure from the agreed colour or product specification.
Limewash can develop tonal movement, clouding, texture and nuance through its ingredients, substrate, preparation, brushwork, drying and lighting. Typical variation consistent with the agreed and legally required characteristics is part of the finish.
Colour cards, sample pots, images and completed Projects guide selection. They are not an exact prediction of another applied surface under different conditions. We recommend a representative physical test.
This does not exclude an enforceable sale-by-description or sale-by-sample obligation, an express warranty or liability for incorrect tinting or misdescription.
Before general application, check the product and colour on each container, quantity, condition and batch details. Stir as instructed and prepare a representative test using the intended substrate, preparation, tools and coats. Allow it to dry and assess it under the relevant lighting.
Testing newly delivered material remains useful even if a sample pot was previously approved. Test additional material against existing work before continuing a repair or extension.
For Consumers, these are recommendations for a successful Project, not additional conditions for exercising statutory rights.
Trade Customers must arrange and document reasonable professional checks and a representative trial before full application, and obtain any necessary client or specifier approval. The effect of a failure to do so is governed by applicable law, including causation and mitigation; it does not make defective Goods conforming.
Pause use of affected material and contact us if a material discrepancy or problem appears. Continuing despite an apparent concern may increase avoidable loss. Any effect on recoverable loss will be assessed under applicable law; the original claim is not automatically forfeited.
Use the recommended batch-management method for the product. Where instructed, intermix containers in a clean vessel or progressively blend adjoining containers. Do not introduce a different batch midway through a continuous surface without testing and an appropriate transition method.
Retain labels and batch details and, where safe and practicable, a useful quantity of material until the Project has been checked. For Trade Customers, this forms part of reasonable Project records. Unavailable evidence is dealt with under section 18, not by an automatic loss of consumer rights.
Unless separately agreed, we supply Goods and related guidance; we do not undertake site supervision, substrate preparation, installation, contractor management or certification of the completed works.
An independent applicator or stockist does not become our employee or agent merely because listed or recommended. We remain responsible where we expressly appoint someone to perform one of our own contractual obligations or applicable law makes us responsible.
Use Goods in accordance with labels, safety data sheets, application instructions and applicable law. Our responsibility for legally compliant Goods and accurate required safety information remains unaffected.
Delivery destinations, charges and the stated dispatch and delivery periods are identified before ordering. A transit estimate normally begins when the carrier accepts the consignment; it does not include preparation or production unless stated otherwise.
Dates identified as estimates are planning estimates. Express, priority or overnight describes the chosen carrier service unless we expressly guarantee a date.
We must nevertheless have a reasonable basis for advertised shipment times and comply with applicable shipment, delivery, delay-notice and refund requirements. Calling a period an estimate does not remove those obligations or an express commitment.
Provide a complete delivery address, receiving contact and relevant access instructions. Temperature-sensitive Goods should be delivered where they can promptly be brought into suitable storage.
Where we arrange carriage, ordinary transit risk remains with us until delivery to you or your authorised recipient at the agreed destination, before unloading, subject to any earlier protection required by law. DAP does not mean risk passes when we dispatch the Goods.
For a Trade Customer collecting Goods or independently appointing its own carrier, the expressly agreed collection or delivery basis applies. Consumers’ risk is determined by the applicable mandatory rules.
Where you expressly authorise delivery without a signature, any transfer of risk following correct delivery under those instructions is subject to applicable law. This does not excuse a wrong-address delivery, failure to follow instructions, pre-delivery damage or legally required protection against loss.
Please inspect promptly for shortage, leakage, container or packaging damage and incorrect products. Photograph and retain relevant packaging where practicable. Trade Customers should record apparent damage on the carrier’s delivery record where possible.
A missing carrier signature, photograph or notation does not automatically remove a Consumer’s statutory remedy. Contact us about transport problems; you need not first obtain compensation from the carrier.
We will provide available information about a material delay and take reasonable steps to trace, redirect or replace a consignment or provide another lawful solution. Customers retain applicable cancellation and refund rights.
For orders covered by the FTC Mail, Internet, or Telephone Order Merchandise Rule, we must have a reasonable basis to ship within the stated period or, if none is stated, within 30 days after receipt of a properly completed order as defined by the Rule.
If we cannot do so, we will provide the required delay notice and an opportunity to accept the delay or cancel for a prompt refund. We will seek affirmative consent to a revised shipment date rather than rely on these Terms as advance consent to an unspecified delay. Required refunds will be made within the applicable statutory period.
Canadian Consumers retain applicable rights to cancel for late or failed delivery, missing required information, failure to receive a proper contract copy or other statutory grounds. These rights are not removed because Goods are tinted or prepared to order. We will honour the applicable notice, return, refund and chargeback rules and deadlines.
Allow time to receive, inspect and test Goods before final application dates. A Trade Customer must allow reasonable production and transport contingency and inform us before contracting of an exceptional deadline or unusually high exposure. Such a notice does not itself make us responsible for the wider Project.
This does not remove liability for an expressly agreed commitment or legally compensable loss.
Where a wrong address, missing import information, inaccessible site or other Customer-controlled circumstance causes extra cost, we may seek actual, necessary and reasonable storage, return or redelivery costs, to the extent lawful. We will not charge costs caused by our or our carrier’s error. You may show that the claimed cost was not incurred or was lower.
Where reasonably practicable, we will contact you before deciding how to handle an unclaimed or returned order. We will not automatically treat non-delivery as successful delivery or declare all payments forfeited. Refunds, deductions and disposal are determined by the reason for non-delivery, these Terms and applicable law.
Protect Goods from freezing, excessive heat, contamination and water entry. Follow the product’s stated temperature and storage requirements. Paint should generally be stored above 5°C / 41°F unless its instructions specify otherwise.
Follow the product-specific use-by or best-before guidance. A storage recommendation or shelf-life statement does not set the statutory period for reporting or pursuing a defect.
A problem caused after the relevant risk has passed by incorrect storage or handling is not a manufacturing defect to that extent. This does not exclude an unrelated defect or deterioration for which we are responsible.
Contact us promptly. Changes to an accepted order require agreement unless you have an applicable statutory right. We may be unable to accept a discretionary cancellation once manufacture, tinting or dispatch has begun.
If we agree to cancellation outside a statutory entitlement, any deduction will reflect actual, necessary and reasonable costs, be explained and agreed where required, and comply with law. There is no automatic fixed-percentage penalty. You may show that the loss was lower or absent.
No cancellation charge applies where the law requires a refund without deduction. Custom preparation does not defeat a right arising from our breach, misdescription, failure to supply or failure to meet distance-sale requirements.
We do not offer a general voluntary change-of-mind return or exchange right for conforming Goods, including paint, preparation products, samples, colour cards and tools, unless expressly stated for the order or agreed with us.
This policy must be disclosed before purchase and is subject to any return or cancellation right required by applicable law.
The change-of-mind policy does not apply to defective, damaged, incorrectly supplied or misdescribed Goods or another legally justified cancellation. Those matters are addressed under sections 18 and 19.
For a voluntary return, we will agree the return address, condition, risk, freight and any lawful reasonable handling costs before shipment. Return instructions do not by themselves confirm a refund entitlement or liability. A statutory cancellation does not require our discretionary approval.
Email orders@bauwerkcolour.com with the order number, the issue and the remedy sought. Notify us as soon as reasonably practicable after discovery. We do not impose a blanket 14-day defect-claim deadline or treat a defect as accepted merely because it was not noticed immediately.
Trade Customers must inspect and notify defects within the periods required by applicable commercial law, including section 377 of the German Commercial Code where it applies. Latent defects must be notified promptly after discovery. Statutory exceptions remain unaffected.
Please provide, where reasonably available:
Requirements will be proportionate to the issue. A simple shortage need not be supported by a full application history.
Where safe and reasonably practicable, retain disputed material, containers, labels, packaging, test boards and relevant records while we arrange assessment. Protect samples from contamination and identify their source accurately.
Do not add water or pigment to a disputed retained sample, combine it with another batch, substitute material or destroy relevant evidence without coordinating with us, unless safe disposal or urgent action is necessary.
Provide clear images showing the whole affected area and closer views, with normal lighting and sufficient colour context. Original Digital Files are helpful where available. We may reasonably request a further photograph, dried brush-out, short video or remote inspection where it materially assists assessment.
Screenshots or compressed files may be useful preliminary evidence. The absence of an original file, metadata, video or a particular photograph does not by itself defeat a valid claim. We will not require unnecessary location or other personal metadata, unsafe filming or disproportionate evidence collection.
Claim information and samples must not knowingly misrepresent the Goods, Project or alleged issue. Disclose an edit where it could materially affect assessment, such as a filter altering colour. Ordinary compression, annotation or cropping does not by itself establish dishonesty.
Where there is an objectively reasonable concern about accuracy, we may seek clarification or further relevant evidence. Unsupported or deliberately falsified elements may be rejected, but an established lawful remedy cannot be withheld merely because another element is disputed.
Pause use of a disputed container and retain a useful wet sample where safe and practicable. Identify which containers were used on which areas and whether they were intermixed. A dried brush-out and an available comparison sample assessed under the same lighting may help distinguish a mistint from application or substrate effects.
We will not determine colour conformity solely from wet paint, a screen image or an isolated photograph.
We may reasonably arrange internal testing, comparison with retained production samples, independent analysis or inspection. Access to a Project must be agreed at a reasonable time and respect site safety, privacy and security. Remote assessment or local sampling may be more appropriate than international attendance or return.
We will coordinate any requested return, collection or local disposal. Reasonable costs are borne by us where required by law or for an accepted claim. No unagreed testing or inspection fee will be imposed on a Consumer merely for making a claim.
Where you rely on a contractor’s or expert’s opinion, please provide the report and reasonably relevant qualifications, observations, samples and methods. We may obtain another assessment. An independent expert report is not an automatic requirement for every claim.
Where reasonably possible, notify us and allow a reasonable opportunity to investigate and propose a remedy before substantial Rectification Work. If urgent work is necessary to prevent injury, property damage or materially greater loss, document the condition and retain representative evidence where practicable, and notify us promptly.
Early rectification may make facts harder to establish, but does not automatically extinguish a statutory right.
We will consider the available evidence as a whole and investigate within a reasonable time. We may request relevant missing information, but will not indefinitely defer a decision or miss a statutory deadline.
A missing document or sample is not an automatic reason to reject a genuine claim where other evidence is sufficient. These procedures do not reverse a legal burden of proof, create an additional prerequisite to a mandatory remedy or require an unnecessary formal declaration.
You need not retain, open, transport or return Goods where doing so creates a material safety or environmental risk. Follow labels and safety instructions and coordinate safe assessment or disposal.
Claim Evidence is used for assessment, resolution, necessary technical or legal advice and lawful fraud prevention, subject to our Privacy Policy and applicable privacy law. Submission as evidence is not marketing permission.
We are responsible for supplying Goods conforming to the contract and applicable law. Depending on the law and circumstances, remedies may include replacement, repair where appropriate, a price reduction, refund, reasonable return costs and compensation for recoverable loss.
We do not require a Consumer to accept replacement or store credit where the law entitles them to a refund or another remedy. We will not require a claim against a carrier, applicator or manufacturer before considering our own obligations.
Where the law permits us to choose among effective remedies, we may offer an appropriate remedy for the affected Goods. International freight cost alone does not remove a remedy required by law.
If a proposed remedy fails, is not provided within a reasonable time or fails of its essential purpose, further rights provided by the applicable law remain available.
For a justified Trade Customer claim, we will ordinarily remedy the affected Goods through replacement, repair where appropriate, price reduction or refund as permitted by the governing law. Necessary remedial expenses and any wider loss are assessed under sections 20 and 21 and applicable law.
This does not create an unlimited Project guarantee or make replacement of a small affected quantity an admission that an entire Project must be repainted.
An additional written warranty applies only to the Goods, purchasers, uses and coverage described in it and must be made available before purchase where required. It supplements rather than removes mandatory legal rights.
These Terms do not create a new fixed-duration or lifetime commercial warranty. A consumer home-use warranty is not automatically a commercial-store or resale warranty. Product statements may nevertheless create enforceable obligations under applicable law.
A period stated in a voluntary warranty or shelf-life recommendation is not automatically the period for exercising statutory rights. These Terms do not shorten applicable statutory limitation periods or impose a fourteen-day or twelve-month universal claim deadline.
Before incurring material costs that you intend to claim from us, take reasonable steps to notify us, provide available evidence and allow investigation and a reasonable opportunity to remedy. Seek written agreement before spending money on our behalf where practicable.
Urgent action may be taken to prevent injury, property damage or materially greater loss. Lack of prior approval does not remove compensation required by law; the necessity, cause, reasonableness and mitigation of the cost remain relevant.
Please provide reasonably available information identifying:
A lump-sum invoice may require explanation. A reasonable estimate of necessary future work may also be relevant; payment of every cost in advance is not a prerequisite to a statutory remedy.
Costs must be assessed against the applicable legal rules. We are not responsible for a cost merely because it follows a complaint. Relevant factors include defective supply, preparation and workmanship, continued use after an apparent issue, unnecessary work, duplication, betterment and reasonable available alternatives.
We will not use these factors to exclude a cost or loss that the law requires us to reimburse.
Requesting evidence, offering technical assistance, supplying replacement material or receiving a contractor invoice does not by itself admit every allegation or approve further costs. Conversely, describing an action as goodwill does not remove an existing legal obligation.
A discretionary offer may be made without admission of liability. Any full-and-final settlement must be separately and clearly agreed for the identified dispute and lawful. Acceptance of an ordinary required remedy does not silently release other non-excludable claims.
Consumers retain the remedies and compensation available under the law applicable to their purchase. The business-only restrictions below do not cap consumer liability at the purchase price or automatically exclude legally recoverable labour, rectification or consequential loss.
No limitation in these Terms applies to fraud, fraudulent concealment, intentional wrongdoing, gross negligence, culpably caused injury to life, body or health, or product liability or other liability that cannot lawfully be limited. Liability under an expressly given warranty is determined by that warranty and applicable law.
Subject to section 21.2, where we negligently breach an essential contractual duty, liability is limited to loss foreseeable and typical for the contract when made. An essential duty is one necessary for proper contractual performance and on which the Customer may ordinarily rely.
Liability for other loss caused by ordinary negligence is excluded to the extent permitted by the governing law. This does not eliminate contractual defect remedies or necessary cure expenses that cannot lawfully be excluded.
Loss of profit, business interruption, contractor waiting time, equipment standing time, remobilisation, rescheduling and comparable business Project losses are not automatically payable. Where liability exists under section 21.3, recovery is governed by the foreseeability and typical-loss limits stated there and applicable law.
An exceptional Project deadline or unusually high exposure must be raised before contracting so that its allocation can be expressly agreed. A general request for urgency does not establish an agreed Project guarantee.
These provisions apply to delay and to our representatives and persons performing our obligations, where lawful. Each party must take reasonable steps to limit avoidable loss. No exclusion or limitation applies where it is unenforceable under the applicable law.
A Trade Customer must undertake, or engage competent persons to undertake, substrate and site assessment, preparation, test application, batch control, workmanship, protection of other work and required Project approvals.
Provide relevant product instructions and limitations to employees, contractors, applicators and clients where necessary. Keep reasonable records of testing, approvals, material use and any issue.
The Trade Customer remains our purchaser where Goods are bought for another person’s Project, unless expressly agreed otherwise. Project use alone does not give someone else contractual rights, but independent statutory, warranty or product-liability rights remain unaffected.
Rights in Bauwerk’s brand, formulations, know-how, protected colour names and presentations, text, images, videos, guides and other protected materials remain with their relevant owner or licensor, including Bauwerk Colour Australia Pty Ltd where applicable. Buying Goods does not transfer those rights or authorise manufacture of equivalent products.
You may use supplied product guidance for lawful evaluation, application and maintenance, and share it with persons working on your Project. Other copying, publication, commercial use or use of brand assets requires permission unless permitted by law or by our published citation and AI permissions.
Authorised stockists may use current approved materials within their agreed brand and licence conditions. These Terms do not grant exclusivity, an exclusive colour or ownership of bespoke developments.
If you submit content for publication, tell us about the relevant rights and permissions. Do not knowingly provide unlawful or misleading material or someone else’s content without authority.
We will not publish claim photographs or customer-service content for marketing merely because you supplied them. Marketing use requires separately communicated permission or a lawful licence for that purpose.
We handle personal information under our Privacy Policy and applicable data-protection and privacy law, including the GDPR and applicable US and Canadian requirements. Accepting these Terms does not waive privacy rights or provide blanket consent to marketing.
Information may be used and shared as lawfully necessary to process orders, arrange payment and delivery, investigate claims, obtain technical or legal advice, deal with insurers, prevent fraud and comply with law. Cross-border processing and any consent, notice or safeguard required for it are governed by our Privacy Policy and applicable law.
To the extent permitted by applicable law, ownership of Goods remains with us until the price for those Goods has been paid in full. Risk and ownership are separate matters; risk is governed by section 13.
This provision does not itself authorise entry to premises or seizure of Goods, establish a registered US or Canadian security interest, or waive any registration, notice or enforcement requirement. Any separately agreed credit or security arrangement must comply with the applicable law.
We may suspend affected production or dispatch for non-payment where payment is lawfully due, missing essential order information, a material breach or a legal or safety restriction. Where practicable, we will explain the reason and allow a reasonable opportunity to remedy it.
Suspension does not remove a lawful withholding, cancellation or refund right. Either party may terminate an ongoing arrangement for an unremedied material breach in accordance with law. Ending the arrangement does not automatically cancel accepted individual orders or remove accrued claims.
An event outside a party’s reasonable control may excuse or extend affected non-monetary performance only to the extent and for the time permitted by applicable law. Relevant events may include natural disasters, war, official restrictions, widespread transport disruption or essential utility failure that could not reasonably be avoided.
The affected party must notify the other within a reasonable time, take reasonable steps to reduce the impact and resume performance when practicable.
If the event substantially prevents performance for more than 60 days, either party may cancel the affected unperformed part by notice. Any earlier statutory cancellation, shipment-delay or refund right remains available; a Customer need not wait 60 days to exercise it.
We will account for any unperformed supply and refund amounts required by law. Production costs do not justify retaining a Consumer’s payment where a full refund is legally required. For a Trade Customer, any claim concerning specially produced Goods or non-cancellable commitments must be lawful and must avoid double recovery.
Force majeure does not suspend payment already lawfully due. It does not permit us to retain money that must be refunded or excuse the shipment and refund duties in section 14.
Send complaints to orders@bauwerkcolour.com or to Bauwerk Colour GmbH at the address in section 1. Identify the order, issue, reasonably available evidence and outcome sought.
We will consider complaints in good faith. Information exchange, technical review, testing, an appropriate remedy or an agreed settlement may resolve the issue.
Discussion or mediation is voluntary and does not delay a statutory deadline or condition access to a court, tribunal, regulator, payment-provider remedy or other lawful process. These Terms do not impose mandatory arbitration or a class-action waiver on Consumers.
Order and complaint notices may be sent by email, post or another agreed and legally permitted method. An email cancellation or complaint does not require a handwritten signature merely because these Terms refer to writing.
Any mandatory method, sending date, receipt rule or deadline takes precedence. Please retain your notice and available transmission evidence. We will not impose an additional receipt condition that defeats a timely statutory notice.
For a Consumer habitually resident in the United States, the purchase is governed by the law of that Consumer’s state, district or territory of residence together with applicable US federal law. For a Consumer habitually resident in Canada, it is governed by the law of that Consumer’s province or territory of residence together with applicable Canadian federal law.
This does not displace another mandatory law applicable to the transaction. Consumers may rely on any applicable right to bring proceedings in their home jurisdiction or another competent court or tribunal. These Terms do not require a Québec Consumer to submit to German law or exclusively to German courts.
For a Trade Customer, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, subject to any mandatory law that cannot be displaced.
Where lawful and the parties may validly agree it, Leipzig, Germany is the exclusive forum for business disputes. This does not displace a mandatory jurisdiction or an expressly agreed project-specific dispute clause.
The United Nations Convention on Contracts for the International Sale of Goods is excluded to the extent lawfully permitted. No choice of law or forum limits a non-excludable consumer or other statutory protection.
A Customer may assign a contract with our consent, which will not be unreasonably withheld where it causes no material prejudice. Statutory assignment or transfer rights remain unaffected.
We may transfer an accepted consumer contract only with the Consumer’s agreement or where applicable law permits it. Any business transfer must preserve accrued rights and comply with applicable law.
We may use affiliates, carriers, warehouses and payment or other service providers for fulfilment. Doing so does not remove our contractual or statutory responsibilities, and personal information must be handled lawfully.
We may update these Terms for future orders. The version made available and incorporated when your contract is formed governs that order.
A later website change does not retrospectively alter an accepted order or applicable warranty. A lawful change to an existing contract requires agreement or another valid legal basis and any required notice.
A delay or failure to exercise a right does not by itself waive it. An agreed waiver concerns only the identified matter.
An unlawful or unenforceable provision does not bind the Customer. The remaining contract continues where legally possible. We will not rely on severability to enforce a prohibited restriction or deprive a Customer of a mandatory right.
The documents properly incorporated under section 2 record the agreement for the order.
This does not exclude an enforceable description, sample, express warranty, representation or advice on which the Customer reasonably relied, liability for misleading conduct or fraud, or any right or remedy that cannot lawfully be excluded.
Headings assist navigation. “Including” introduces examples rather than an exhaustive list. References to applicable law include relevant amendments and replacements.
A contractual reference to a Business Day does not extend, replace or redefine a statutory time limit. Where a clause conflicts with mandatory law, that law governs.
© Bauwerk Colour GmbH