General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Studio Milstein · Owner Alice Milstein

Status: XXX

1. Scope of Application

These General Terms and Conditions apply to contracts between Studio Milstein, owner Alice Milstein, Steward Str. 10 C, 14169 Berlin, hereinafter referred to as "Studio Milstein", and its clients for consulting, conception and design services in the areas of interior design, spatial design, art and curation.

Deviating terms and conditions of the client shall only apply if Studio Milstein has expressly agreed to their validity.

Individual agreements between Studio Milstein and the client shall take precedence over these General Terms and Conditions.

2. Inquiry and Conclusion of Contract

The presentation of services on Studio Milstein's website does not constitute a binding offer to conclude a contract.

Submitting a project inquiry or an inquiry for a Personal Consultation via the website is non-binding and does not yet lead to the conclusion of a paid contract.

After receiving an inquiry, Studio Milstein will contact the interested party. The type, scope, schedule and remuneration of the desired service shall be agreed individually.

A contract shall only come into effect when Studio Milstein and the client have agreed on the essential contractual contents and Studio Milstein confirms the order in text form or the client accepts a corresponding offer from Studio Milstein.

3. Services

The type and scope of the services owed by Studio Milstein shall be determined by the respective offer, the order confirmation or another individual agreement.

Studio Milstein provides services in particular in the areas of interior design, development of spatial and design concepts, color and material concepts, furniture, lighting, art and curation as well as design consulting.

Unless expressly agreed otherwise, the services shall in particular not include architectural, structural, specialist planning, construction supervision or other planning services subject to approval.

Visualizations, mood boards, sketches, floor plan suggestions and other representations serve to convey a design idea. Deviations between a representation and the later actual effect of colors, materials, surfaces, lighting conditions or proportions may occur in particular due to screen display, photography, material batches and spatial lighting conditions.

4. Personal Consultation

Studio Milstein offers a Personal Consultation for a room or a clearly defined design question.

The consultation takes place online and, according to the current service offering, includes preparation based on the documents provided by the client, a personal consultation of 90 minutes, an individual Design Moodboard as well as a compact written summary of the essential recommendations and next steps.

The remuneration is currently 490 euros. Due to the application of the small business regulation pursuant to § 19 UStG, no VAT is shown.

The Personal Consultation presented on the website does not yet constitute a binding contractual offer. A contract shall only arise after individual agreement and corresponding confirmation.

A complete interior planning, photorealistic visualizations, technical planning, execution planning as well as comprehensive product research or a shopping list are not part of the Personal Consultation unless expressly agreed additionally.

5. Client's Cooperation

The client shall provide Studio Milstein with all information and documents required for the agreed service in a timely and complete manner.

This may include in particular photographs, floor plans, dimensions, sketches, information about existing furniture and artworks as well as other information relevant to the design.

The client is responsible for the accuracy of the information, dimensions and documents provided by him. Studio Milstein is not obliged to independently verify dimensions, floor plans or other technical information provided by the client unless expressly agreed.

Delays or additional effort arising from missing, delayed or inaccurate information may lead to an adjustment of the schedule and, if additional services become necessary as a result, of the remuneration.

6. Remuneration and Payment Terms

The remuneration shall be based on the respective offer or the individual agreement.

Studio Milstein applies the small business regulation pursuant to § 19 UStG. VAT is therefore not shown separately.

Invoices are due for payment within 10 days of invoicing without deduction unless a different payment period is stated in the offer or invoice.

For larger projects, Studio Milstein may agree on advance payments in accordance with project progress. Details shall be set out in the respective offer.

Additional services that are not part of the originally agreed scope of services shall only be provided after consultation with the client and shall be remunerated separately.

7. Appointments, Rescheduling and Cancellations

Agreed appointments for the Personal Consultation are binding.

A one-time rescheduling of the agreed consultation appointment is possible free of charge up to 48 hours before the appointment.

In the event of a cancellation or rescheduling less than 48 hours before the agreed appointment, Studio Milstein is entitled to charge 50 percent of the agreed fee. In the event of non-appearance without prior cancellation, Studio Milstein is entitled to charge the agreed fee in full.

The client reserves the right to prove that Studio Milstein has suffered no damage or significantly less damage.

If an agreed consultation appointment cannot take place for reasons for which Studio Milstein is responsible, a replacement appointment shall be agreed with the client. If rescheduling is not possible or not desired, payments already made for the service not provided shall be refunded.

Statutory rights of withdrawal of the client shall remain unaffected by these provisions.

8. Changes and Additional Services

Change requests of the client that go beyond the agreed scope of services may constitute additional services.

Studio Milstein shall inform the client before execution if a change request is expected to lead to additional effort and additional costs.

The remuneration for such additional services shall be based on a separate agreement or the agreed hourly or daily rate.

9. Furniture, Art, Products and External Service Providers

Recommendations by Studio Milstein for furniture, lighting, artworks, materials, manufacturers, retailers, craftsmen or other service providers do not, unless expressly agreed otherwise, constitute a guarantee for availability, delivery time, price development or performance of third parties.

Contracts for goods or services of third parties shall generally be concluded directly between the client and the respective provider unless Studio Milstein expressly becomes a contracting party itself.

Studio Milstein shall not be liable for breaches of duty by independent retailers, manufacturers, craftsmen or other external service providers who do not act as vicarious agents of Studio Milstein.

10. Copyright and Rights of Use

Designs, concepts, mood boards, drawings, visualizations, texts and other design works created by Studio Milstein may only be used within the scope of the agreed project and for the contractually agreed purpose.

Insofar as the respective services are protected by copyright, the copyrights shall remain with Studio Milstein.

Reproduction, publication, editing, passing on to third parties or use for other projects shall require the prior consent of Studio Milstein unless such use is already covered by the agreed contractual purpose.

The rights of use required for the contractual use shall be granted to the client after full payment of the agreed remuneration.

11. Publication of Project Images

Photographs or other images of a client project shall only be used by Studio Milstein for website, portfolio, press, social media or other publications if the necessary rights exist and, to the extent required, corresponding consent of the client is available.

The client is not obliged to consent to publication.

12. Liability

Studio Milstein shall be liable without limitation for intent and gross negligence as well as for culpable injury to life, body or health.

In the case of slightly negligent breach of a material contractual obligation, liability shall be limited to the contract-typical, foreseeable damage. Material contractual obligations are those whose fulfillment is necessary to enable the proper execution of the contract at all and on whose compliance the client may regularly rely.

In all other respects, liability for slightly negligently caused damage shall be excluded to the extent permitted by law.

Statutory provisions on liability shall otherwise remain unaffected.

13. Right of Withdrawal for Consumers

If the client is a consumer within the meaning of § 13 BGB and the contract is concluded as a distance contract, he shall generally be entitled to the statutory right of withdrawal unless a statutory exception applies.

The consumer shall be separately informed about the existence, conditions, deadlines and exercise of the right of withdrawal before conclusion of the contract.

If Studio Milstein is to begin the service before expiry of the withdrawal period at the express request of the consumer, the statutory provisions on early commencement of performance and any compensation to be paid shall apply.

The separate withdrawal instructions and, if applicable, the declaration on early commencement of performance are not part of this draft and must be added before the corresponding contract process is included.

14. Consumer Dispute Resolution

Studio Milstein is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Final Provisions

The law of the Federal Republic of Germany shall apply.

In the case of contracts with consumers, this choice of law shall only apply insofar as mandatory consumer protection provisions of the state in which the consumer has his habitual residence are not thereby withdrawn.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Berlin.