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Terms

General Terms and Conditions (GTC) for interior design services and the sale of furniture and materials

§ 1 Subject of contract

The subject of this contract is the interior design services listed in the offer or order confirmation and, where applicable, the sale of furniture, materials and furnishings. The services are provided on the basis of the fees, lump sums or purchase prices agreed in writing and the tasks and products defined in the scope of services.

§ 2 Scope of services and delivery
  1. The client or buyer commissions the interior designer with the services described in the offer and/or the purchase of the goods listed.
  2. Changes or extensions to the scope of services or delivery require written form.
  3. Partial deliveries are permitted if they are reasonable for the client.
  4. Delivery dates are generally non-binding unless a fixed date has been expressly agreed in writing.
  5. In the event of force majeure or unforeseeable events (e.g. supply shortages, strikes, transport disruptions), deadlines shall be extended appropriately or shall lapse if delivery becomes impossible.
§ 3 Duties to inform, review and advise

The interior designer shall provide the client with comprehensive information on the planning status, costs and material decisions. If cost overruns, delays or deviations become apparent, the interior designer shall inform the client immediately in writing and suggest alternatives where possible. Advice on materials, surfaces and products is provided to the best of our knowledge, but does not release the buyer from the obligation to check suitability for the intended purpose.

§ 4 Duties of the client / buyer
  1. The client shall support the planning and implementation of the project by providing timely cooperation and all necessary information, documents and decisions.
  2. If third parties (e.g. tradesmen, specialist planners) are commissioned, their coordination and monitoring shall be the responsibility of the client unless otherwise agreed.
  3. The buyer shall inspect the delivered goods immediately upon receipt and notify obvious defects in writing within 8 days. Subsequent complaints are excluded unless they concern hidden defects.
§ 5 Copyright and usage rights
  1. All drafts, plans, drawings, visualisations and digital materials created by the interior designer are protected by copyright.
  2. The client receives a simple, non-transferable right of use for the implementation of the specific project.
  3. Any transfer, reproduction or modification of the documents requires the prior written consent of the interior designer.
§ 6 Contract conclusion and remuneration
  1. A contract is concluded by mutual signature of the offer or a written order confirmation.
  2. If services or deliveries are used without a written contract, the agreed remuneration shall be deemed accepted.
  3. Remuneration is based on the prices and payment terms stated in the offer.
  4. Instalments are to be paid in accordance with the progress of services or delivery.
  5. In the event of late payment, the interior designer or seller is entitled to charge default interest at the statutory rate as well as reminder and collection costs.
  6. Delivered goods remain the property of the seller until full payment has been made.
§ 7 Delivery and transfer of risk
  1. Delivery is made at the expense and risk of the buyer to the agreed address.
  2. Risk passes to the buyer upon handover to the carrier or upon collection by the customer.
  3. Transport damage must be reported immediately to the carrier and the seller in writing.
  4. If acceptance is refused or delayed, the seller may store the goods at the buyer's expense and risk or resell them after setting a deadline.
§ 8 Warranty for goods
  1. The statutory warranty pursuant to §§ 434 ff. BGB applies.
  2. Customary or technically unavoidable deviations in structure, colour or surface condition do not constitute a defect.
  3. The suitability of the goods for a particular purpose is the responsibility of the buyer.
  4. The seller is entitled to fulfil the contract by subsequent improvement or replacement delivery at its own discretion.
  5. Claims for obvious defects only exist if they are reported in writing within 8 days of receipt.
§ 9 Liability
  1. The interior designer is liable for its own breaches of duty only in cases of intent or gross negligence.
  2. In the case of simple negligence, liability is limited to breaches of material contractual obligations and to the contract-typical, foreseeable damage.
  3. Liability for lost profit, indirect damage and consequential damage is excluded.
  4. No liability is assumed for damage caused by incorrect information provided by the client or improper handling by third parties.
  5. Liability is in any case limited to the order value of the respective service or delivery.
§ 10 Retention of title
  1. Delivered goods remain the property of the seller until all claims have been paid in full.
  2. The buyer is obliged to handle the reserved goods with care and may only resell them in the ordinary course of business.
  3. In the event of processing or combination of the goods, co-ownership arises in proportion to the value share.
§ 11 Returns and complaints
  1. A return of goods ordered or cut to non-contractual dimensions is excluded.
  2. If a return is made as a gesture of goodwill, a deduction for loss of value or processing may be charged.
  3. Goods under 5 m in length or without proof (invoice/delivery note) will generally not be taken back.
§ 12 Data protection and confidentiality
  1. The interior designer treats all data and information provided to it as confidential.
  2. The client or buyer agrees to the electronic storage and processing of their data for the purpose of contract processing.
  3. Project results may be used for reference purposes provided no confidential content is disclosed.
§ 13 Final provisions
  1. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
  2. Amendments and supplements require written form.
  3. Place of performance and jurisdiction is, as far as legally permissible, the registered office of the interior designer.
  4. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).