GROUP
GENERAL CONDITIONS
Studio Wolf Interior GmbH
1. Scope of application
1.1The following general terms and conditions govern the business relationship between Studio Wolf Interior GmbH and the client/customer.
1.2 These terms and conditions always and exclusively apply to the contractual relationship between Studio Wolf Interior GmbH and its clients/customers, even if they have no longer been explicitly referred to for individual transactions.
1.3These General Terms and Conditions apply exclusively insofar as they are not modified by express written agreements between the parties. Deviating terms and conditions of the client / customer are not accepted by Studio Wolf Interior GmbH. This also applies if Studio Wolf Interior GmbH does not expressly object to deviating terms and conditions of the client / customer.
2. Subject matter of the contract / conclusion of the contract
2.1 The subject of the contract with the clients/clients is spatial planning services of Studio Wolf Interior GmbH, such as conception and design planning of design and furnishing concepts, coordination services as well as organization, ordering, delivery and setup of e.g. furniture, decoration, wall elements (e.g. Wallpaper, wall covering, etc.), lighting as well as corresponding execution work and services, which arise during the implementation of the aforementioned services.
The contract-specific services to be provided by Studio Wolf Interior GmbH result from the individual offers/order confirmations, their attachments and any specifications of services. The offers of Studio Wolf Interior GmbH are subject to change. Special execution requests must be specified by the contracting entity/client in written form in the case of a contract. In principle, a service contract for the services referred to in point 2.1 para 1 is to be assumed. If a contractual basis is desired, this is expressly to be agreed between the parties in an individual contract. In case of doubt, Studio Wolf Interior GmbH is not a general contractor who commissions renovation work on his own responsibility and has to legally stand up for success. In case of doubt, commissions are made in the name and on behalf of the client. If Studio Wolf Interior GmbH acts as a general contractor or awards individual trades in its own name and on its own account as a subcontractor, this is agreed by Studio Wolf Interior GmbH in the specification of services.
In addition, there is a sale of goods. This applies to the sale of new products or own products (furniture, wallpaper, fabrics, floor coverings, tiles, etc.) incl. The reaction, or Assembly as a work. In this regard, custom-made products/unit debts are often produced, which are generally excluded from exchange and revocation.
If it is agreed in the order confirmation as an individual agreement between the parties that an exchange is excluded, this also applies to generic debts.
2.2A contract is concluded by written assignment of orders by the client/customer. The order is placed on the basis of the latest offer of Studio Wolf Interior GmbH in writing by e-mail or letter mail. An order placement by e-mail is also binding for the client/customer without signature.
2.3 If the scope of services includes the delivery of goods, the contract is concluded subject to the correct and timely self-delivery/production of the work of Studio Wolf Interior GmbH. However, this only applies in the event that the non-delivery/non-production is not attributable to Studio Wolf Interior GmbH, in particular when concluding a congruent covering transaction with the supplier. The client/customer is immediately informed about the unavailability of the goods as a secondary obligation.
2.4 Verbal or telephone agreements or representations of employees or contractual partners of Studio Wolf Interior GmbH that go beyond the written contract always require the written confirmation of Studio Wolf Interior GmbH to be effective.
2.5Changes and/or additional services requested by the client/customer after conclusion of the contract constitute new orders, which must be remunerated separately if Studio Wolf Interior GmbH incurs additional expenses.
2.6Planning, consulting and organizational services are provided only on the basis of an express contractual agreement and only against separate remuneration. Settlement of these services with other services of Studio Wolf Interior GmbH (e.g. implementation/implementation services) is excluded, unless expressly agreed otherwise.
3. Scope of performance and quality
3.1 The scope of the service results from the order and the associated installations. Studio Wolf Interior GmbH is entitled to partial services as far as these are reasonable for the client/customer.
3.2 The described properties of design services such as interior design services are guaranteed only within the framework of the necessary design freedom. In this case, acceptance may not be refused for creative/artistic reasons. Interior design services are creative services that are individual and copyrightable due to their level of creation. Any warranty of defects due to diverging tastes are therefore not provided for.
3.3Contents and/or illustrations from the catalogue, prospectus or other display material produced or presented by Studio Wolf Interior GmbH are basically non-binding property details. Deviations of the services provided by Studio Wolf Interior GmbH with regard to the form, colour, material or weight of contents and/or images, as well as individually manufactured products, only constitute defects insofar as this deviates substantially and substantially from the content of the order placed.
3.4Measurable values in the performance specifications are to be understood as property specifications. Deviations only constitute defects if this has been expressly agreed in an individual contract or if exact compliance with the value for the content of the order is essential.
4. Prices / Remuneration
4.1The price for the services and/or goods delivered by Studio Wolf Interior GmbH is the price mentioned in the specific individual offer. If the offer contains positions that are settled after actual expense, the final price results from the final position.
4.2If Studio Wolf Interior GmbH is not commissioned with the execution of the provided planning services, a provision of the execution services by third parties is to be agreed between the parties separately and also to be remunerated separately. Otherwise, Studio Wolf Interior GmbH is entitled to demand an appropriate remuneration that goes beyond the already agreed remuneration without request. This also applies in the event that Studio Wolf Interior GmbH is commissioned with the execution of planning services provided, but the execution services are not or not completely performed by Studio Wolf Interior GmbH after a cancellation / termination of the order or for other reasons.
4.3 All prices (including, for example, assembly costs, delivery of special parts or other services to be reimbursed) are to be understood in each case plus the applicable statutory sales tax.
4.4Studio Wolf Interior GmbH is entitled to provide partial services (e.g. after completion of the planning services) to demand an appropriate advance payment.
4.5 Studio Wolf Interior GmbH is entitled, unless otherwise agreed by individual contract, to demand reasonable advance payments, usually between 50 - 80% of the order amount. As a rule, the payment modalities are agreed individually by the offer.
5. Payment terms and conditions, offsetting
5.1The invoice amount is due for payment immediately upon receipt of the invoice by the client/customer without any deduction and payable within 14 days from the invoice date, as far as no other payment term results from the specific offer.
5.2If the payment period or incomplete timely payment is exceeded, the client/customer will also be in default without a reminder. If the client/customer then makes no payment after setting a reasonable period, usually 14 days, this shall result in the maturity of all claims that Studio Wolf Interior GmbH is entitled to against the client/customer. In this case, Studio Wolf Interior GmbH is also entitled to withdraw from the contract without further notice. to terminate the contract and/or claim damages for late payment.
5.3Studio Wolf Interior GmbH is entitled to pay default interest i.H.v. if the client/customer is late. 9 % points above the respective base rate. The proof and assertion of further damage remain unaffected. If the client/customer is a consumer, this applies with the proviso that the amount of default interest to be claimed is 5% points above the respective basic interest rate.
5.4The client/customer is only entitled to offset if the counterclaims have been legally established or recognized by Studio Wolf Interior GmbH. The same applies to the exercise of a right of retention.
6. Dispatch and risk bearing
6.1All shipping and packaging costs for deliveries are to be borne by the client/client/customer.
6.2The shipment of delivering goods is uninsured at the risk and responsibility of the client/customer, unless expressly agreed otherwise by individual contract. This also applies if a shipment is made by Studio Wolf Interior GmbH itself and/or the assembly of these goods has been agreed by Studio Wolf Interior GmbH.
6.3If the shipment is delayed on request or due to a fault of the client/customer or the client/customer is in default with the acceptance of the goods and/or service, the goods are stored at the cost and risk of the client/customer.
6.4 The risk of damage or loss of the goods passes at the time of delivery/delivery, in the case of shipment purchase with delivery of the goods to a freight forwarder or carrier, but at the latest upon leaving the factory or warehouse to the customer.
Notice of delivery:
According to § 377 HGB, the goods must be checked for damage immediately upon receipt of goods. If damage to the packaging is visible, you should document this when accepting the goods and note it on the delivery note of the forwarding company. Further defects, which indicate a faulty production, must be notified at the latest within 2 working days after receipt of the goods. Damage reported later cannot be attributed to transport or production damage. The statutory warranty periods remain unaffected by this.
7. Time of delivery and performance, delay
7.1 Delivery and performance dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.
7.2Delivery and performance dates or deadlines shall commence at the earliest on the date specified in the specific order confirmation or, if agreed, on the date of receipt, or Existence of an agreed advance payment or otherwise services to be provided by the client/customer.
7.4Studio Wolf Interior GmbH is entitled to partial delivery and partial service to an extent reasonable for the client/customer.
7.5The observance of delivery and performance dates or deadlines presupposes the timely and proper fulfilment of the obligations of the client/customer, such as e.g. B. The provision of necessary information, authorizations and releases, as well as compliance with the agreed payment terms and other obligations. If these conditions are not fulfilled in full and/or in good time, the delivery periods shall be extended appropriately. This does not apply insofar as Studio Wolf Interior GmbH is solely responsible for the delay.
7.6In the event of force majeure or unforeseeable and unavoidable circumstances occurring at Studio Wolf Interior GmbH, its suppliers or subcontractors commissioned by it, such as government interventions, operational disruptions, lockouts, energy supply difficulties, traffic restrictions, industrial action measures and other obstacles not attributable to Studio Wolf Interior GmbH, its suppliers or subcontractors commissioned by it, Studio Wolf Interior GmbH oh no own fault temporarily prevent the contractually agreed service from providing at the agreed delivery or performance date or within an agreed delivery or performance period, the agreed delivery and performance dates and periods are postponed by the duration of the service disruption caused by these circumstances to the time/space after the discontinuation of the service disruption. In the event of such circumstances, Studio Wolf Interior GmbH will inform the client/customer immediately.
7.7If the client/customer is in default of acceptance with regard to individual parts or the entire order, Studio Wolf Interior GmbH is not obliged to deliver and/or perform further parts of the order. Studio Wolf Interior GmbH is then further entitled to demand compensation for the damage incurred and any additional expenses. Further claims are reserved. Upon the occurrence of the delay in acceptance, the risk of accidental loss or accidental deterioration shall be transferred to the client/customer.
8. Special features and obligations of the client/customer in the case of assembly services/construction services
8.1 Assembly and construction services must always be remunerated and agreed separately. These are not included in agreed other services of Studio Wolf Interior GmbH (such as e.g. Delivery of goods) included.
8.2The client/customer must ensure that the prerequisites for a rapid assembly/construction service are met, i.e., that all local prerequisites are met and that the necessary connections and electricity are available as well as the agreed assembly/construction services. construction conditions are present. The client/customer shall in particular ensure that:
a) the rooms are completely empty and the services of Studio Wolf Interior GmbH, for example, are not hindered by other craftsmen (LEAN construction);
(b) the spaces have a level and sustainable floor;
(c) there are connections for electricity and water and necessary information about the location of concealed electricity, gas, water pipelines or similar installations as well as the necessary static information is provided unsolicited (refined inner shell);
(d) waste containers with a sufficient capacity are provided;
e) the rooms are heated, sufficiently lit and available in clean brooms;
f) accessibility by truck/car including trailer is ensured.
8.3 Studio Wolf Interior GmbH is entitled to refuse to carry out the assembly/construction service until the rooms in which the agreed assembly or construction service is to be carried out meet the agreed assembly/construction service conditions. If interruptions or delays in the assembly/construction work occur due to construction or other interruptions or delays attributable to the client/customer, increased material costs and additional working hours are at the expense of the client/customer. Delivery and performance dates or deadlines are in this case postponed by the duration of the interruption/delay.
8.4 Studio Wolf Interior GmbH, unless otherwise regulated by individual contract, is not obliged to clean the rooms after completion of the assembly/construction work. In particular, Studio Wolf Interior GmbH is not obliged to take back or dispose of packaging materials, unless expressly agreed otherwise.
8.5The premises and land within which the agreed assembly/construction services are carried out are to be kept closed by the client/customer and secured against burglary/theft. The client/customer is fully liable for the occurrence of damages incurred by Studio Wolf Interior GmbH or its vicarious agents, employees, employees, employees or representatives due to insufficient security of equipment (such as machines or tools).
9. Required documents and approvals
9.1The client/customer has all necessary administrative approvals (e.g. obtain landmark protection or building permits such as changes of use) for the processing or execution of the order at its expense. Delays due to non-existing or delayed received official approvals are at the expense of the client/customer. Upon request, the client/customer must prove the approvals granted to Studio Wolf Interior GmbH before the start of the execution of the order.
9.2As far as necessary official approvals are not granted, revoked or withdrawn, the contractual claims of Studio Wolf Interior GmbH remain unaffected. In particular, the buyer remains obligated to fulfil his contractual payment obligations. If Studio Wolf Interior GmbH becomes legally impossible to execute the order because necessary official approvals have not been granted, revoked or withdrawn, Studio Wolf Interior GmbH is entitled to invoice the client/customer 25% of the order value in addition to the compensation for services already provided and/or expenses incurred.
9.3The client/customer must ensure that all documents and other contractual approvals (such as e.g.) required for the provision of services are complied with. drawings or contracts) are available at the agreed time. Delays due to late or incompletely submitted documents or contractual approvals are at the expense of the client/customer.
9.4Insofar as the client/customer provides Studio Wolf Interior GmbH with materials such as drafts, plans, drawings, illustrations, logos or other documents (hereinafter jointly: materials) for the provision of the service within the framework of the execution of the contract, the client/customer guarantees that he/she possesses the exploitation/use rights to the materials provided by him/her and that by using them d the materials are not infringed on authors, personal rights and rights of use of third parties. The client/customer transfers Studio Wolf Interior GmbH and its subcontractors the rights of use to the materials provided by him/her for the execution of the order.
9.5In the case of rented or leased premises, the client/customer must ensure that any necessary acts of cooperation by the landlord/tenant are also provided in good time and in accordance with the agreement. Delays due to non-cooperation actions of the landlord / lessor are also at the expense of the client / customer.
10. Right of withdrawal
If Studio Wolf Interior GmbH offers services subject to revocation within the meaning of the BGB, the following revocation policy applies:
In principle, the consumer has the right to revoke distance contracts within fourteen days without giving reasons.
The cancellation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform Studio Wolf Interior GmbH ([insert your name, address and, if available, your telephone number and e-mail address]) by means of a clear explanation (e.g. inform a letter or e-mail sent by post about your decision to revoke this Agreement.
In order to safeguard the withdrawal period, it is sufficient that you send the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Contact details:
Studio Wolf Interior GmbH
Contact: Stefanie Wolf
Tel. 0178-2946673
Email: stefanie@studio-wolf.de
Consequences of withdrawal:
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different mode of delivery than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we received notification of your revocation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for these repayments.
If you implied that in relation to the Services, the Service should begin during the cancellation period, you have no possibility to revoke the Contract, provided that we have already provided the Service in full. By the immediate execution of the service, your right of withdrawal expires,
11. Obligations to cooperate
11.1 Additional expenses, which are due to the fact that the client/customer has not fulfilled his obligations to cooperate, are at the expense of the client/customer and can be charged separately by Studio Wolf Interior GmbH.
11.2If the client/customer violates his contractual obligations to cooperate, Studio Wolf Interior GmbH is entitled at reasonable discretion to terminate or withdraw the contract for an important reason.
12. Copyright and rights of use
12.1All services of Studio Wolf Interior GmbH, presentations, project sketches, project papers, concepts, plans and the like are subject to the Copyright Act. The provisions of this law apply between the parties even if the necessary protection conditions, such as the so-called level of creation, should not be met in individual cases. In such a case, the copyright provisions of §§31 et seq. apply in particular. and §§97 ff. UrhG.
12.2A change and/or passing on of the services in accordance with Section 10.1 is not generally not permitted to the client/customer.
12.3Studio Wolf Interior GmbH grants the client/customer the rights of use required for the respective purpose. Unless expressly agreed otherwise, only the simple right of use is granted in each case. A transfer of the rights of use to third parties requires the prior written agreement / consent. In the absence of an explicit agreement, the purpose of the contract shall only be the purpose identified by the client/customer when placing the order.
12.4The rights of use shall only be transferred to the client/customer after full payment of the remuneration.
12.5Proposals from the client/customer or of his staff or his/her their other cooperation does not constitute a co-copyright.
12.6 The services of Studio Wolf Interior GmbH may only be used for the agreed scope of use. Any use beyond the agreed scope of use or the transfer to third parties, reproduction or imitation of the services without the express consent of Studio Wolf Interior GmbH is not permitted. A breach of the aforementioned provisions entitles Studio Wolf Interior GmbH to demand a contractual penalty of 150% of the agreed remuneration in addition to the remuneration to be paid anyway. The contractual penalty shall be set off against further damages.
12.7Studio Wolf Interior GmbH is entitled to enter the premises of the client/customer in coordination with the client/customer even after the termination of the order in order to produce photographic or other recordings and to use them for reference purposes.
12.8 Studio Wolf Interior GmbH has the right to be named as the author/design planner on photographs, illustrations or in publications of the services in a suitable form.
13. Planning documents and images of Studio Wolf Interior GmbH
13.1The client/customer is not entitled to the handover of the originals; if contractually agreed, the client/customer receives the documents in a copy or, if they were created in digital form, the client/customer receives the documents in a file format that does not allow a change in the contents (e.g. pdf format.
13.2The documents shall not be made available to third parties. After a cancellation / termination of the order or insofar as the execution of the order for other reasons does not take place or does not take place completely or an order relationship does not already come about, the client / customer is not permitted further use of the documents created by Studio Wolf Interior GmbH. In this case, the client/customer must immediately return the documents to Studio Wolf Interior GmbH. Otherwise, Studio Wolf Interior GmbH is entitled to charge the client/customer a separate fee for further use of the documents/drafts.
13.3 There is no obligation to keep the documents.
14. Acceptance and guarantee
14.1All services provided by Studio Wolf Interior GmbH (including preliminary drafts, sketches, pure drawings, etc.) must be checked by the client/customer immediately upon receipt. The client/customer has to assert obvious defects in writing immediately, usually within three working days, to Studio Wolf Interior GmbH. The same applies to hidden defects from the time of their discovery. In the event of late notification and violation of the statutory investigation and complaint obligations according to § 377 HGB, claims for defects by entrepreneurs are excluded. This does not apply to consumers. The performance shall be deemed to have been accepted in this case. If the customer/customer is a consumer, he/she must assert obvious defects in writing to Studio Wolf Interior GmbH within 2 weeks. In the event of late display, the performance shall be deemed to have been accepted.
14.2 After completion of all services to be provided by Studio Wolf Interior GmbH within the framework of the respective contract implementation, a written acceptance protocol will be drawn up. The content of this Protocol shall be binding on both Parties.
14.3In the event of justified notifications of defects, Studio Wolf Interior GmbH is obliged, after its choice, to initially supply replacement/manufacture or repair, unless Studio Wolf Interior GmbH is entitled to refuse to comply with the subsequent requirements on the basis of the statutory provisions. A reasonable period of time shall be allowed for the reworking. If the rectification fails, the client/customer is entitled, at his choice, to demand resignation or reduction. However, in the event of only minor defects, the client/customer has no right of withdrawal. As far as assembly services are concerned, Studio Wolf Interior GmbH is not liable for defects that are due to the nature of the starting material.
14.4 The warranty claims of the client/customer shall expire one year after the transfer of risk. This does not apply insofar as the law in accordance with §§ 438 Abs. 1 No 2, 634a, par. 1 No 2 BGB (defect warranty for buildings, built-in building materials, construction-related planning and monitoring services) prescribes longer deadlines or in the case of fraudulent concealment of the defect or insofar as the client/customer is a consumer and the law prescribes longer deadlines.
14.5Guarantees in the legal sense do not receive the client/customer. Manufacturer guarantees remain unaffected.
14.6If self-assembly has been agreed by the customer/client, the regulations of the supplied assembly instructions and the instructions in the individual offers apply in addition. In the event of incorrect installation by the client/customer and/or if the client/customer does not observe installation instructions, all warranty claims of the client/customer are excluded due to this defect.
14.7The acceptance is the same if the client does not accept the construction service within a deadline set by Studio Wolf Interior GmbH. Acceptance shall also be deemed to have taken place if the work has been put into use without reservation. Furthermore, Studio Wolf Interior GmbH is entitled to request partial acceptances.
15. Reference designation
15.1 Studio Wolf Interior GmbH is entitled to mention the name of the client/customer, the respective order, the services provided for the client/customer as well as its company logo and photographic or other recordings of the service for the purpose of self-promotion (reference) in all media. Where necessary, the client/customer transfers to Studio Wolf Interior GmbH the necessary usage rights to its logo, for a specific purpose.
16. Reservation of title
16.1 Studio Wolf Interior GmbH reserves ownership of the goods until the full settlement of all claims arising from the current business relationship, which are due to it now or in the future.
16.2The client/customer undertakes, before a complete settlement of all claims arising from the current business relationship, to treat delivered goods with care and to insure them at his expense against fire, water and theft damages sufficiently at new value. Any maintenance and inspection work that becomes necessary must be carried out in good time by the client/customer at his own expense.
16.3 The processing, transformation or inseparable mixing of the delivered goods by the client/customer, if this takes place before a complete settlement of all claims arising from the ongoing business relationship, will in any case be carried out for Studio Wolf Interior GmbH. If the delivered goods are processed or inseparably mixed before a complete settlement of all claims arising from the current business relationship with other objects or objects, Studio Wolf Interior GmbH acquires the co-ownership of the new goods in proportion to the value of the delivered goods to the other processed objects or objects at the time of processing and/or mixing. If the mixing takes place in such a way that the client/customer’s business is to be regarded as the main thing, it is deemed to be agreed that the client/customer transfers share ownership to Studio Wolf Interior GmbH.
16.4 If the client/customer or Studio Wolf Interior GmbH connects goods with a plot of land (land) or inserts them into a building, this takes place only for a temporary purpose before full settlement of all claims arising from the current business relationship.
16.5The above regulations apply to clients/customers who are consumers only within the scope of what is legally permissible and with the proviso that Studio Wolf Interior GmbH reserves the property only to the extent that all claims against the client/customer from the respective contract are settled.
17. Cancellation / Termination
17.1 The client/customer has the right to cancel the order within 1 week after conclusion of the contract. In this case, Studio Wolf Interior GmbH reserves the right to invoice 35% of the order value if the implementation of the order has not yet begun. Otherwise, the service provided will be billed according to the effort made up to the time of cancellation, but at least in the previously mentioned amount.
18. Liability
18.1 Studio Wolf Interior GmbH is liable under the statutory provisions for damage caused intentionally or by gross negligence and for damage to life, body and health. Studio Wolf Interior GmbH is only liable for simple negligence in the event of breach of a duty, the fulfilment of which enables the proper execution of the contractual relationship in the first place and on whose compliance the client/customer may regularly rely (so-called cardinal duty). In addition, liability for damages of any kind, regardless of the basis of the claim, including liability for fault at the conclusion of the contract, is excluded.
18.2 Insofar as the client/customer asserts claims for damages that are not based on an intentional breach of contract by Studio Wolf Interior GmbH, the liability for damages is limited to the foreseeable, typically occurring damage.
18.3 Any liability of Studio Wolf Interior GmbH for claims asserted on the basis of a use of the materials provided by the client/customer is excluded. In the event that Studio Wolf Interior GmbH is itself used because of the use of these materials, the client/customer shall indemnify Studio Wolf Interior GmbH without complaint. The client/customer has to compensate Studio Wolf Interior GmbH for financial and other disadvantages (intangible damages).
18.4For force majeure (such as strikes, natural events, wars), through no fault of industrial action and interventions by third parties on the service, which are not subject to the control of Studio Wolf Interior GmbH, the latter assumes no liability. This also applies if these events occur in third-party companies that Studio Wolf Interior GmbH uses to fulfill its contractual obligations.
18.5Insofar as the liability for damages by Studio Wolf Interior GmbH towards the client/customer is excluded or limited, this also applies with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents.
18.6 Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
18.7Should these above regulations be ineffective, legal law applies.
19 Final provisions
19.1As a place of performance and place of jurisdiction, Offenbach am Main is agreed. However, Studio Wolf Interior GmbH is entitled, at its choice, to sue the client/customer at his/her place of residence/or place of business.
19.2Should individual provisions of this contract be or become ineffective or impracticable, this shall not affect the validity of the other provisions of this contract.