GENERAL TERMS AND CONDITIONS (GTC)
ATMOSTYLE Interiors
1. Scope
These General Terms and Conditions apply to all contracts between ATMOSTYLE Interiors (hereinafter referred to as the “Contractor”) and private or commercial clients (hereinafter referred to as the “Client”) concerning interior design, planning and consulting services.
Any deviating terms and conditions of the Client shall only apply if expressly agreed to in writing.
2. Service Structure and Scope
ATMOSTYLE Interiors provides creative, conceptual and planning services in the field of interior design, in particular:
consulting and analysis
concept, detail and execution planning
virtual planning and photorealistic visualisations
custom furniture and bespoke design concepts
support with tendering, coordination and implementation
The services are structurally and conceptually oriented towards the service phases of the German HOAI, but do not constitute services subject to mandatory application of the HOAI.
Remuneration is based exclusively on individually agreed lump sums and/or hourly rates.
The exact scope of services results from the respective offer or contract.
3. Service Phases and Commissioning
Services are commissioned on a phase-by-phase basis (e.g. briefing and analysis, preliminary design, design development, execution planning, tendering and implementation support).
There is no entitlement to further commissioning beyond the respective agreed service phase.
4. Conclusion of Contract
A contract is concluded by:
written acceptance of an offer by e-mail or via messenger services (e.g. WhatsApp), or
release for commencement of services and the actual start of work by the Contractor.
5. Client’s Obligations to Cooperate
The Client undertakes to provide all information, documents, decisions and approvals required for planning in a timely manner.
Delays or additional effort resulting from missing or delayed cooperation by the Client shall not be the responsibility of the Contractor and may be charged separately.
6. Fees and Payment Terms
Unless otherwise agreed in writing, the fees for planning and design services shall be payable as follows:
a) 20% of the total fee upon order confirmation (down payment),
b) 70% of the total fee prior to the delivery of planning, design and visualisation documents,
c) 10% of the total fee as final payment upon completion of the agreed services.
The delivery of planning documents and the granting of usage rights shall take place only after full payment of the respective due instalment.
Invoices are payable within 7 calendar days without deduction, unless otherwise stated on the invoice.
In the event of late payment, ATMOSTYLE Interiors reserves the right to suspend further services until full payment has been received.
Remuneration is generally agreed as a lump-sum fee as stated in the offer.
In the event of changes to the scope of services, additional coordination or additional or reduced effort, settlement shall be made on an hourly basis after prior notification to the Client.
All prices are final prices in accordance with § 19 German VAT Act (small business regulation).
Value-added tax is not shown.
Invoices are payable without deduction within the payment period stated in the offer or invoice.
7. Revision Rounds
One revision or correction round per commissioned service phase is included in the agreed fee.
Any further revisions, redesigns or changes requested by the Client shall be charged additionally based on effort.
8. Additional Costs
Additional costs such as travel expenses, additional on-site appointments, printing costs or third-party services shall be charged separately unless expressly included in the offer.
9. Exclusion of Approval Procedures and Site Supervision
ATMOSTYLE Interiors does not provide approval, permit or building application services.
Construction supervision or site management services within the meaning of the HOAI (e.g. site management, invoice verification, defect management) are not part of the services, unless expressly agreed in writing.
10. Tendering, Implementation and Third-Party Services
If ATMOSTYLE Interiors supports the Client in tendering, selection or coordination of third-party contractors, this support is provided exclusively in an advisory and coordinating capacity.
ATMOSTYLE Interiors assumes no liability for services, deadlines, prices, quality or warranty claims of external contractors or suppliers.
11. Visualisations and Planning Representations
Visualisations, renderings and digital representations are intended for design illustration purposes only.
Deviations in colour, material, dimensions, lighting effects or details may occur due to production, delivery or construction conditions and do not constitute a defect.
12. Copyright and Rights of Use
All designs, plans, visualisations and concepts are protected by copyright.
Upon full payment, the Client receives a simple right of use for the contractually agreed purpose.
ATMOSTYLE Interiors is entitled to use the project – including plans, visualisations and photographs – as a reference for its website, social media and other marketing purposes.
13. Liability
ATMOSTYLE Interiors shall only be liable for damages caused by intent or gross negligence.
Any liability for economic decisions made by the Client, in particular based on cost estimates or design concepts, is excluded.
14. Termination / Project Cancellation
In the event of termination of the project by the Client, all services rendered up to that point shall be paid in full.
Service phases already commenced shall be deemed completed.
ATMOSTYLE Interiors is also entitled to charge a reasonable cancellation fee for reserved capacities.
15. Final Provisions
German law shall apply.
The place of jurisdiction shall be the registered office of ATMOSTYLE Interiors, insofar as legally permissible.
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.