General Scope of Services and General Terms and Conditions of Seriva Studio Interior Design Consulting

Preamble
The following General Terms and Conditions (hereinafter “GTC”) apply to contractual relationships between Seriva Studio, Lainzer Straße 132b, 1130 Vienna, Lemuela Wutz (hereinafter “Contractor”) and its client (hereinafter “Client”).

The GTC can be accessed at any time via the website http://www.serivastudio.com/.

Definitions
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed to their business activity (§ 1 KSchG).
An entrepreneur is any natural or legal person or legally capable partnership for whom the legal transaction is part of operating their business (§ 1 UGB).

1. Scope of Application
a. These GTC apply exclusively to all contractual relationships between the Contractor and the Client unless expressly agreed otherwise in writing.
b. These GTC shall also apply to all future transactions between the Contractor and the Client for the provision of services.
c. The following GTC of Seriva Studio apply to all orders placed and shall be deemed accepted unless they are objected to immediately.

2. Conclusion and Content of Individual Contracts
a. Offers by the Contractor are non-binding unless expressly marked as binding. In the case of a non-binding offer, a contractual relationship arises once the Client provides written confirmation of the order. The scope of services to be provided by the Contractor is defined in a written agreement between the Contractor and the Client (hereinafter “Individual Contract”).
b. Any changes or additions to the Individual Contract require a written agreement.

3. Provision of Services, Deadlines
a. The service consists of creating interior design proposals based purely on visual and aesthetic considerations, excluding any consulting, preliminary planning, or planning related to floor plans or building services.
b. The Contractor is obliged to provide all services to the best of their knowledge and with the utmost care.
c. Performance and delivery dates are indicative and non-binding unless expressly stated otherwise. Delays not attributable to the Contractor will result in a postponement of agreed deadlines. Deadlines are extended by the duration of the delay plus a reasonable restart period.
d. If delays are caused by the Client (e.g., failure to cooperate), and this results in additional effort for the Contractor, the Contractor is entitled to charge for this additional effort at the applicable hourly rates.
e. The Contractor may recommend suppliers and partners in good faith. The Client orders directly from them at their own responsibility. Seriva Studio assumes no liability for these orders, including defects, delays, or quality issues, to the extent permitted by law.

4. Third-Party Services
a. The Contractor is entitled to engage third parties (subcontractors) at any time if this serves the provision of services.
b. If third-party services (e.g., craftsmen or logistics services) are required, the Contractor and Client will agree on the provider. If nothing is agreed, it is assumed that the Client will commission the third party directly. The Client is responsible for selecting and coordinating these services.
c. If the Contractor commissions third parties, they may assign their payment claims to the Client. Claims regarding performance, defects, or damages related to third parties are transferred to the Client. The Contractor is not liable for delays, poor performance, or damages caused by third parties.

5. Fees and Payment Terms
a. Payment is based on time spent unless otherwise agreed, according to the Contractor’s current hourly or daily rates.
b. The Contractor offers a free initial consultation (up to 15 minutes) via phone or virtually. This is only for getting acquainted and does not constitute a paid consultation. Further consultations are chargeable, with a minimum fee of EUR 120 (gross) per hour unless agreed otherwise. Appointments are binding. Cancellations must be made at least 48 hours in advance via email. Late or missed cancellations may result in a flat fee of EUR 120. The Client may prove that no or lower damages occurred.
c. Cost estimates are non-binding and provided to the best of the Contractor’s knowledge. No guarantee of accuracy is assumed. If costs increase by more than 20%, the Client will be informed. For increases below 20%, no notification is required. Cost estimates are chargeable unless otherwise agreed.
d. 50% of the fee is due upon conclusion of the Individual Contract, and 50% upon completion of planning and invoicing, unless otherwise agreed. The Client is in default two weeks after receiving the invoice.
e. The Client must reimburse the Contractor for expenses such as travel and accommodation upon proof.
f. Set-off is only permitted with undisputed or legally established claims. Retention rights apply only if based on the same contractual relationship.

6. Client’s Duties to Cooperate
a. The Client must support the Contractor as necessary, including timely provision of required documents and access to the property.
b. The Client must inform the Contractor of third-party rights (e.g., copyright of architects) that may affect photography of the property.

7. Usage Rights
a. If the Contractor’s work is protected by copyright, the Client receives a non-exclusive, non-transferable usage right after payment, limited to the contract purpose. The Contractor has the right to be named as author.
b. The Client grants the Contractor the irrevocable right to photograph the property before, during, and after the project and to use these images (without identifying address or owner).
c. The Contractor may use anonymized project materials and designs for presentation, publication, and marketing purposes.

8. Consent to Electronic Invoicing
a. The Client agrees to receive offers, invoices, confirmations, and communications electronically (PDF via email). Postal delivery is not required. The Client must ensure email accessibility.

9. Liability
a. The Contractor is liable only for damages caused intentionally or by gross negligence. In cases of slight negligence, liability exists only for breach of essential contractual obligations or for damage to life, health, or under mandatory liability laws (e.g., product liability). Any further liability is excluded to the extent permitted by law.

10. Data Protection
a. The Contractor is responsible for data processing.
b. The Contractor collects and processes personal data such as name, address, and payment details solely for contract purposes and retains them only as legally required.
c. Data processing is based on Art. 6(1)(b) GDPR.
d. Data may be shared with payment providers, tax advisors, and subcontractors where necessary.
e. The Client has the right to access, correct, delete, or transfer their data, subject to legal retention obligations.

11. Withdrawal from Contract
a. Withdrawal is only permitted for valid reasons unless otherwise required by law.
b. If the Contractor is in delay, the Client may withdraw after granting a reasonable grace period.
c. If the Client delays cooperation or repeatedly changes requirements, making performance difficult or impossible, the Contractor may withdraw.
d. If the Client is an entrepreneur, the Contractor may claim full payment upon justified withdrawal. If the Client is a consumer, compensation is based on services already performed plus proven additional costs.

12. Final Provisions
a. If the Client is an entrepreneur or legal entity under public law, the courts at the Contractor’s registered office have jurisdiction.
b. Austrian law applies exclusively. The UN Convention on Contracts for the International Sale of Goods and private international law are excluded.
c. If any provision is invalid, the remaining provisions remain in effect.