1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contractual relationships between Ms Mag. Stephanie Wintersteller-Vogel, MSc., trading under the business name interior-s, hereinafter referred to as the “Service Provider”, and her customers, hereinafter referred to as the “Client”.

1.2. These GTC apply to both consumers and businesses unless individual provisions are expressly limited to one of these customer groups.

1.3. The version of these GTC in force at the time the contract is concluded shall apply.

1.4. Deviating agreements, amendments or ancillary arrangements require an express (written) agreement. Individually negotiated agreements take precedence over these GTC.

1.5. The Client’s terms and conditions shall not apply unless their application has been expressly accepted.

2. Scope of Services

2.1. The Service Provider provides interior design and space styling services. Services may be provided on site or wholly or partly through online consultation or digital collaboration. The specific scope of services is determined by the respective quotation, order confirmation or other individual agreement.

2.2. The scope of services may include, in particular:

• Initial consultations and needs assessments

• Personal consultations on site

• Online consultations and digital interior design advice

• Interior design and furnishing concepts

• Colour, material, lighting and style concepts

• Mood boards

• Furniture layouts and furnishing proposals

• Aesthetic lighting and illumination concepts

• 2D and 3D visualisations

• Selection of products, furniture, lighting fixtures, decorative items and materials

• Shopping and product lists

• Styling and decoration concepts

• Advice on selecting furnishings

• Assistance with implementing an interior design concept

• Coordination with suppliers and contractors as part of separately agreed project support

2.3. Online consultations may be conducted via video conference, telephone, email or other agreed digital means of communication. Depending on the booked scope of services, mood boards, furnishing proposals, product lists, colour and material concepts, visualisations or other digital documents may be prepared and provided.

2.4. The exact scope of services is agreed for each project. Services not included in the relevant quotation or service package are not covered by the agreed fee.

3. Distinction from Architecture, Technical Design and Construction Trades

3.1. The Service Provider’s services generally relate to the aesthetic conception and furnishing of spaces based on visual, aesthetic and stylistic considerations.

3.2. Unless expressly agreed otherwise on the basis of an appropriate trade licence, the services do not include structural engineering, building construction, architectural, electrical engineering, building services engineering or other design services requiring specific professional authorisation.

3.3. Furniture layouts, sketches, visualisations and similar documents are generally intended to illustrate the design concept and do not replace technical construction drawings, detailed working drawings, permit application plans or specialist designs.

3.4. Where implementation requires services from authorised specialist designers, architects, chartered engineers, tradespeople or other specialist contractors, the Client must commission these separately unless expressly agreed otherwise.

3.5. The assessment of technical feasibility, structural integrity, fire safety, building physics, electrical and building services systems, and public-law or building-law requirements is the responsibility of appropriately authorised professionals.

4. Quotations and Conclusion of Contract

4.1. Unless otherwise stated in the respective quotation, quotations issued by the Service Provider are binding for 14 days from the date of issue. After this period, the Service Provider is no longer bound by the quotation.

4.2. A contract is concluded, in particular, by written or electronic acceptance of the quotation, signing an order confirmation or otherwise clearly placing an order.

4.3. Changes to the agreed scope of services after conclusion of the contract may require adjustments to the fee and schedule.

4.4. Additional services will be charged separately following prior agreement.

5. Project Process and Client Cooperation

5.1. Proper performance of the project requires the Client to provide all information necessary for the project in a timely manner.

5.2. In particular, the Client shall provide existing plans, dimensions, photographs, technical information and other necessary documents.

5.3. Unless the Service Provider has expressly undertaken to carry out measurements herself, she may generally rely on the accuracy of information, dimensions and plans provided by the Client or third parties.

5.4. The Client shall provide decisions, approvals and feedback within a reasonable period.

5.5. Delays caused by late information, decisions or approvals from the Client shall result in corresponding extensions of agreed processing periods.

6. Designs, Mood Boards and Visualisations

6.1. Designs, mood boards, renderings and 3D visualisations are primarily intended to communicate the design concept.

6.2. Visualisations do not constitute a binding guarantee of the exact future appearance of a space or product.

6.3. Colours, surfaces, proportions, lighting effects and materials may differ from visualisations due to screen displays, software, lighting conditions, production batches or actual spatial conditions.

6.4. Selecting materials and colours using physical samples may therefore be advisable, particularly for significant surfaces.

7. Revisions and Change Requests

7.1. The number of revision rounds included in the agreed fee is determined by the respective quotation or service package.

7.2. A revision round comprises changes within the originally agreed design concept.

7.3. Fundamental changes to an already agreed concept, subsequent changes to the brief or additional alternatives constitute additional services and may be charged separately.

7.4. Material additional services extending beyond the services and work defined in the quotation or service package require a separate order from the Client. The Service Provider shall inform the Client in advance of the additional remuneration or amended basis of calculation.

8. Products, Furniture and Shopping Lists

8.1. Product and shopping lists are based on the information available at the time they are prepared.

8.2. The Service Provider does not guarantee that recommended products will remain available at a later date or at the same price.

8.3. Manufacturers, retailers and suppliers may change prices, delivery times, materials, colours, finishes or product ranges.

8.4. Where the Client purchases products directly from third-party suppliers, the Service Provider is not a party to the relevant purchase agreement. Claims arising from that agreement, particularly concerning delivery, product defects and statutory warranty rights, must be asserted against the relevant seller.

8.5. In this case, the Service Provider is neither the seller nor a contracting party to the purchase agreement and is not liable for delivery, product defects, statutory warranties, returns or other obligations of the relevant seller.

8.6. Before placing an order, the Client is responsible for checking dimensions, quantities, variants, colours and other product characteristics against the ordering documents, insofar as this can reasonably be expected of the Client.

9. Third-Party Services and Contractors

9.1. Where craftspeople, suppliers, architects, specialist designers or other businesses are required for implementation, these may be recommended to the Client.

9.2. Unless expressly agreed otherwise, the contract for such services is concluded directly between the Client and the relevant third-party business.

9.3. In this case, the Service Provider is not liable for the services, deadlines or prices of independent third-party businesses.

9.4. Recommending a business does not constitute a guarantee of its performance.

10. Project Support

10.1. Where project support is agreed, the Service Provider assists the Client with the aesthetic implementation of the interior design concept to the expressly agreed extent.

10.2. Unless expressly agreed otherwise, project support does not include construction management, on-site construction supervision, specialist technical design or responsibility for work performed by contractors.

10.3. The Service Provider is not obliged to verify the technically correct execution of work unless expressly agreed and permitted under applicable trade regulations.

11. Online Consultations and Digital Services

11.1. The Service Provider also offers consultation and design services wholly or partly online. The type, scope and duration of online consultation and any supplementary services are determined by the relevant quotation or booked service package.

11.2. Online consultations generally do not include an in-person inspection or measurement of the premises by the Service Provider unless expressly agreed as an additional service.

11.3. The Client shall provide all information necessary for the consultation completely and accurately. This may include current floor plans, room dimensions, ceiling heights, photographs and videos, information on windows, doors, connections and existing furniture, and other project-related information.

11.4. The Service Provider may rely on the accuracy and completeness of the information, dimensions, plans, photographs and other materials provided unless any inaccuracy is obvious.

11.5. The Service Provider is not liable for discrepancies, design errors or resulting additional costs insofar as these arise from incorrect, incomplete or insufficiently up-to-date information or dimensions supplied by the Client and the Service Provider neither knew nor ought to have known of the inaccuracy.

11.6. In an online consultation, actual spatial conditions, lighting, colours, materials and surfaces can be assessed only on the basis of the information provided.

11.7. Before ordering significant furnishings, the Client shall recheck actual dimensions and spatial conditions or, where necessary, have them checked by an appropriate specialist contractor.

11.8. Online consultations and resulting design proposals do not replace technical, structural, architectural, electrical or other specialist planning requiring professional authorisation.

11.9. The Client is responsible for providing the necessary technical conditions, particularly an adequate internet connection and suitable device.

11.10. If an agreed online appointment cannot take place, or cannot be completed, due to technical problems within the Service Provider’s area of responsibility, an alternative appointment shall be arranged or the lost consultation time made up.

11.11. If an agreed online appointment cannot take place, or cannot be completed, due to technical problems or other circumstances within the Client’s area of responsibility, the Service Provider’s entitlement to the fee for the agreed consultation duration remains unaffected. In this case, the Client is not entitled to a free replacement appointment. The Service Provider will endeavour to use an alternative communication method during the paid time or continue the consultation at another time, but is not obliged to do so.

11.12. Agreed consultation appointments and other appointments are generally binding. The Client may cancel or reschedule free of charge up to 48 hours before the agreed appointment. If cancellation or rescheduling occurs within 48 hours before the appointment, a cancellation fee of 50% of the agreed fee becomes payable. In the event of a no-show or failure to attend without prior cancellation, or cancellation on the day of the appointment, the full fee for the consultation service or duration is payable. The Client remains entitled to prove that the Service Provider incurred no loss or a substantially lower loss. This provision does not apply insofar as the Client exercises a statutory right of withdrawal.

11.13. Digital documents provided are subject, in particular, to the provisions of these GTC concerning copyright and rights of use.

12. Fees and Payment Terms

12.1. The fee is determined by the respective quotation and may be calculated as a fixed fee, package price, hourly rate or another agreed calculation method.

12.2. Services outside the agreed scope will be charged separately according to the agreed calculation basis or the basis communicated before performance.

12.3. Prices quoted to consumers include statutory value added tax where applicable. Prices quoted to businesses may be stated exclusive of statutory value added tax.

12.4. The Service Provider may agree reasonable advance or instalment payments in line with project progress.

12.5. Unless a different payment period is agreed in the quotation or order confirmation, all invoices (including, for example, advance payment invoices, interim invoices and final invoices) are due for payment in full without deduction within 14 days of receipt.

12.6. In the event of late payment, statutory default interest applies. Necessary and reasonable debt collection or legal enforcement costs may be charged to the extent permitted by law.

13. Dates and Performance Periods

13.1. Stated processing and completion dates are binding only if expressly agreed as binding.

13.2. Compliance with deadlines is subject to the Client’s timely cooperation.

13.3. Delays outside the Service Provider’s control, including supply shortages, delays by third parties, force majeure or late approvals by the Client, shall result in a reasonable postponement of the affected dates.

14. Travel and Incidental Expenses

14.1. Travel, shipping, printing, sample and other incidental expenses are included in the agreed fee only if expressly stated in the quotation.

14.2. For agreed journeys using the Service Provider’s own motor vehicle, mileage will be charged at the rate specified in the quotation. Unless otherwise agreed, the official Austrian mileage allowance applicable at the time the service is performed shall be deemed agreed.

14.3. Other necessary and agreed expenses, including parking fees, tolls, travel expenses, shipping costs and costs of samples, printing or other project-related expenses, will be charged at actual cost unless already included in the agreed fee.

15. Copyright and Rights of Use

15.1. Designs, concepts, mood boards, visualisations, presentations, plans, texts, drawings and other documents created by the Service Provider may be protected by copyright.

15.2. To the extent that copyright or other intellectual property rights exist in these materials, they remain with the Service Provider.

15.3. Upon full payment of the agreed fee, the Client obtains, unless otherwise agreed, the right to use the documents prepared for the Client for the specifically agreed project and purpose.

15.4. Disclosure, modification, reproduction or commercial use beyond the agreed project purpose requires the Service Provider’s consent insofar as legally permissible and insofar as the Service Provider’s rights are affected.

15.5. Transfer of rights of use to third parties also requires a separate agreement unless the contractual purpose already provides otherwise.

16. Reference Projects and Publication

16.1. The Service Provider will publish photographs of a completed project for advertising or reference purposes in the case of private residential premises only with the Client’s consent.

16.2. Consent may cover publication on websites, social media, in presentations, portfolios and printed materials.

16.3. Personal information concerning the Client will not be published without an appropriate legal basis or consent.

16.4. Permission to use photographs or project references may be agreed separately.

17. Statutory Warranty and Liability

17.1. Statutory warranty provisions apply. In consumer transactions, these GTC do not restrict statutory warranty rights.

17.2. Subjective dissatisfaction alone does not constitute a defect where the agreed service has been performed in accordance with the contract.

17.3. Deviations between a visualisation and the actual subsequent appearance do not, in particular, constitute a defect if attributable to screen display, lighting conditions, material batches or changes by manufacturers, suppliers or contractors and if the Service Provider is not responsible for such deviations.

17.4. The Service Provider is liable in accordance with statutory provisions.

17.5. In dealings with businesses, liability for property damage and financial loss caused by slight negligence is excluded to the extent permitted by law. This exclusion does not apply to breaches of material contractual obligations where fulfilment of those obligations is essential to proper performance of the contract.

17.6. Limitations of liability do not apply to personal injury or in cases where exclusion of liability is prohibited by law.

17.7. The Service Provider is not liable for errors resulting from incorrect or incomplete information, plans or dimensions provided by the Client or third parties commissioned by the Client, provided that the Service Provider neither knew nor ought to have known of the inaccuracy.

17.8. The Service Provider accepts no responsibility for consequences resulting from unauthorised changes made by the Client or third parties to concepts or documents.

18. Early Termination and Cancellation

18.1. The contract may be terminated by mutual agreement at any time.

18.2. If an order is terminated before the services have been fully performed, or if performance does not take place for reasons attributable to the Client’s sphere of responsibility, the Service Provider’s entitlement to remuneration shall be governed by statutory provisions, in particular Section 1168 of the Austrian Civil Code (ABGB), insofar as its requirements are met. Any partial services already fully performed shall in any event be remunerated in full.

18.3. Services already fully performed and contractually owed must be paid for.

18.4. Mandatory statutory rights of withdrawal, termination and other consumer rights remain unaffected.

19. Consumer Right of Withdrawal for Distance and Off-Premises Contracts

19.1. If the Client is a consumer and the contract is concluded at a distance—for example, via the website, by email, by telephone or in connection with booking an online consultation—or away from the Service Provider’s business premises, the Client may have a statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG).

19.2. For service contracts, the withdrawal period is generally 14 days from the date the contract is concluded.

19.3. In such cases, the Client will receive separate information about the right of withdrawal in accordance with statutory requirements.

19.4. If the consumer expressly wishes the Service Provider to begin performing the service before the withdrawal period expires, a corresponding express declaration must be obtained.

19.5. If the consumer withdraws during the withdrawal period after making such an express request, a proportionate fee may be payable for services already performed up to the time of withdrawal, in accordance with statutory provisions.

19.6. The right of withdrawal may expire once a service has been fully performed, subject to the conditions prescribed by law.

20. Data Protection, Communication, Governing Law and Jurisdiction

20.1. Personal data is processed in accordance with applicable data protection legislation. Further information is provided in a separate Privacy Policy.

20.2. Communication may take place in person, by telephone, by email or through agreed digital channels. Approvals and decisions may generally also be given electronically unless a particular form is prescribed.

20.3. Austrian law applies, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as this does not conflict with mandatory statutory provisions. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they habitually reside.

20.4. For disputes with business clients, jurisdiction is agreed—where legally permissible—to lie with the court having subject-matter jurisdiction at the Service Provider’s registered place of business. Statutory jurisdiction rules apply to consumers.

20.5. If any provision of these GTC is wholly or partly invalid or unenforceable, the legal consequences shall be governed by statutory provisions. The validity of the remaining provisions shall, in principle, remain unaffected.

interior-s
Mag. Stephanie Wintersteller-Vogel, MSc.
Kaiserfeldgasse 19 · 8010 Graz
+43 (0) 664 266 55 39

office@interior-s.at