Terms of Business
General Terms of Business for Bauwerk Colour
§ 1 General
- These General Terms and Conditions shall apply to business relationships of any kind between Bauwerk Pty Ltd, PO Box 599, 6161 South Fremantle, WA, Australia, Telephone +61 8 9433 3860, Email info (at) bauwerk.com.au (hereinafter referred to as "Bauwerk Pty Ltd") 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 Pty Ltd 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 Pty Ltd 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 shopping basket icon displayed on top right-hand corner of the screen, and 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. Any adjustments are automatically saved
- If you wish, you can select "Checkout" to proceed or click on the "X" on the top right to keep shopping
- 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 "Continue to shipping" redirects the customer to the availabe shipping method for the provided address
- Once you selected a shipping method you can click on "Continue to payment"
- There you can select your Payment Method and fill out the details for that as well as decide for a billing address which can be set to the same as the shipping address or can manualy be put in as a different one.
- Click on "Pay now" or "Complete order" depending on the selected payment method to place your order with us
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 GST plus any applicable charges for packaging and carriage.
- Deliveries charges are displayed only correctly after a valid shipping address is entered. Additional customs duties and charges for deliveries to countries outside Australia (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 Pty Ltd shall not be liable for any delivery delays that are outside of Bauwerk Pty Ltd 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.
- Winter Deliveries:
Bauwerk Colour packages all paint orders delivered by courier in extra sturdy packaging that provides enough insulation during transit.
Paint Orders should not be stored below 5 degrees Centigrade.
All paint orders therefore should be delivered to a destination where the paint can be taken inside immediately and where the paint can be stored at a moderate room temperature.
It is the customers responsibility, however, to choose a suitable delivery address. Bauwerk Colour assumes no responsibility for paint exposed to temperatures below the limit mentioned above.
§ 3 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 Pty Ltd 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 Pty Ltd or a vicarious agent (e.g. the delivery service) of Bauwerk Pty Ltd. 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 Pty Ltd shall be limited to replacing the faulty goods.
- Force Majeure: Bauwerk Pty Ltd 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.
§ 4 Due date and Payment Terms
- Unless otherwise agreed in writing, invoices from Bauwerk Pty Ltd 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 Pty Ltd 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 Pty Ltd is able to prove that greater damages were suffered as a result of the default, Bauwerk Pty Ltd shall be entitled to assert the corresponding claims on these grounds.
§ 5 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 Pty Ltd 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 Pty Ltd 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 Pty Ltd at risk until the purchase price has been paid in full. The customer hereby assigns to Bauwerk Pty Ltd any future claims against the buyer in the amount of the purchase price agreed between Bauwerk Pty Ltd and the customer, including interest and ancillary payments. Bauwerk Pty Ltd accepts this assignment.
§ 6 Place of Fulfilment and Place of Jurisdiction
- The law of Austria 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 Pty Ltd shall be Unit 1/15 Emplacement Crescent, 6163 Hamilton Hill, Western Australia, 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, Perth, Western Australia 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.
§ 7 Closing Provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.
Bauwerk Pty Ltd retains the right to update or otherwise modify the above mentioned General Terms and Conditions of Business without special notification to other parties.