General Terms and Conditions of Business
§ 1 General
- These General Terms and Conditions shall apply to business relationships of any kind between Bauwerk Colour UG (haftungsbeschränkt), Hauptstraße 15, 04874 Belgern-Schildau, Germany, Telephone +49 34224 469626, Email [email protected]erkcolour.com (hereinafter referred to as "Bauwerk Colour UG") and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).
- The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking "Buy", the customer makes a legally binding commitment to the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.
- Bauwerk Colour UG reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Bauwerk Colour UG are excluded.
- The contractual language is English.
- When placing an order in the online store, the customer follows the technical steps below in detail using the standard functions of the internet browser –
- Click the Euro value amount displayed on top right-hand corner of the screen, a small window opens with a preview of the selected goods
- Review your selection. You can delete individual items or increase their order quantity in the preview window. Alternatively, select "View and Edit Cart", which directs you to a new page with all the details of your selection with the option to adjust and review your order in detail. Any adjustments need to be confirmed by pressing the "Update Shopping Cart" button
- If you wish, you can select "Go to Checkout" or "Proceed to Checkout" directly
- Proceeding follows the redirection to the Shipping Address, where several mandatory fields required for the delivery procedure are requested to be filled out. When all mandatory fields are filled in, the button "Next" redirects the customer to a new window with payment information details
- Upon selecting the preferred payment method and filling out payment billing address details the customer may review the Shipping and Return Policy under the General Terms and Conditions of Business
- Upon accepting and confirming with a tick in the box provided, the order can be placed by clicking the button "Place Order"
Shipping and Return Policy
§ 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.
- Deliveries within the EU are priced at EUR 20.00 per order for orders of less than EUR 200.00 in value. For orders in excess of EUR 200.00, we will charge 10% of the value of the order in shipping costs. 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]werkcolour.com) 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 been 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)
|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|
*Please cross out fields not applicable
Warranty and Compensation Policy
§ 4 Warranty and Compensation
- Defects or any other damage caused by negligent or improper use of the goods, improper installation, the use of unsuitable accessories or changes made to the original items bought by the customer are not covered by the warranty.
- Signs of wear and tear from normal use are also excluded from the warranty.
- Colour variations of the paint are a design feature and do not constitute a product fault and are excluded from the warranty. It is very important that you test your colour selection with a sample pot for an accurate colour representation with your particular surface and lighting conditions and to determine if the chosen product or product combination is fit for the intended purpose according to your standards. By placing your order you acknowledge that you determined the suitability of the product or product combination for your project.
- If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/ she has expressly reserved the right hereto in writing immediately after receiving the goods.
- Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
- Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
- Bauwerk Colour UG shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Bauwerk Colour UG or a vicarious agent (e.g. the delivery service) of Bauwerk Colour UG. Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of Bauwerk Colour UG shall be limited to replacing the faulty goods.
- Force Majeure: Bauwerk Colour UG will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, restrictions placed under the event of a pandemic, acts of terrorism, or, but not limited to interruption to gas, water or power or other utilities.
§ 5 Due date and Payment Terms
- Unless otherwise agreed in writing, invoices from Bauwerk Colour UG must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
- Bauwerk Colour UG reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
- If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If Bauwerk Colour UG is able to prove that greater damages were suffered as a result of the default, Bauwerk Colour UG shall be entitled to assert the corresponding claims on these grounds.
§ 6 Retention of Title
- If the customer is a merchant within the meaning of the German Commercial Code, the goods supplied shall remain the property of Bauwerk Colour UG until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, Bauwerk Colour UG shall reserve the right of retention for the goods until the purchase price has been paid in full.
- The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of Bauwerk Colour UG at risk until the purchase price has been paid in full. The customer hereby assigns to Bauwerk Colour UG any future claims against the buyer in the amount of the purchase price agreed between Bauwerk Colour UG and the customer, including interest and ancillary payments. Bauwerk Colour UG accepts this assignment.
§ 7 Place of Fulfilment and Place of Jurisdiction
- The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
- The place of fulfilment for all services and products arising from business transactions with Bauwerk Colour UG shall be Hauptstraße 15, 04874 Belgern-Schildau, Germany, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
- If the customer is a merchant, legal person governed by public law or special fund under public law, Leipzig shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 8 Closing Provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.
Bauwerk Colour UG retains the right to update or otherwise modify the above mentioned General Terms and Conditions of Business without special notification to other parties.