AGB – General Terms and Conditions

Scope of Application, Operator

These General Terms and Conditions (hereinafter referred to as “GTC“) shall apply to the legal relationship between Cemre Yurdakul c/o RA Matutis, Berliner Str 57, 14467 Potsdam, Germany (hereinafter referred to as “we” or “us“) and the customer (hereinafter referred to as “customer” or “you” or “you“) in connection with our following services:

  • Interior design consulting including 3D visualisations

Contradicting or additional terms and conditions of the customer shall not become part of the contract.

Services

  1. Based on the customer’s initial ideas, the first design proposal (including 3D visualisation) is created and submitted to the customer. The customer can then communicate adaptation requests and – after implementation – one more time. We shall only take into account adaptation requests to the extent that they are within the scope of the design created (for example, the rearrangement or replacement of furniture or materials). The adjustment requests must be communicated within 4 weeks in each case. Any statutory liability for defects on our part shall remain unaffected by the above provisions.
  1. Furthermore, the customer receives a shopping list. If products are no longer available within 3 months, we will find a replacement product for the customer.
  1. As far as kitchens are concerned, the shopping list does not contain any explicit kitchen cabinets. In this respect, the design proposal refers (only) to materials for the floor, kitchen worktop and kitchen splashback/tile backsplash as well as the colour concept and photorealistic renderings.(3) The starting point is the customer’s room design communicated for the creation of the design proposal. An assessment of static or other structural issues, e.g. regarding the relocation of walls, is not part of our services.

Distinction between Entrepreneurs and Consumers

    1. Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
    2. Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
    3. Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.

Consumer Right of Withdrawal

  1. The (consumer’s) legal right of revocation does, unless agreed to the contrary between the parties, not apply i.a. to contracts regarding the provision of services in the areas of accomodation for purposes other than residential use, transport of goods, car rental, delivery of food or beverage as well as the provision of other services relating to recreational activities if the contract provides, for such provision of services, a specific time or time period. Insofar as we provide our services on a fixed date, there is accordingly no right of cancellation.

Provision of documents

  1. The customer may use 3D visualisations, illustrative material, drawings, concepts and other documents and/or materials in physical or digital form (hereinafter “documents“) that we provide to the customer temporarily or permanently in connection with our events for the intended purposes. Use for the purposes of commercial seminars, coaching, training or other courses or advice that competes with our own range of consulting is not permitted.
  1. Any duplication, distribution, making available to the public or other public reproduction of the documents is not permitted without our consent in text form, subject to copyright restrictions.
  1. We retain ownership of documents in physical form which we make permanently available to the customer in connection with our services until payment has been made in full.

Obligations to cooperate, indemnification obligation of the customer

  1. The customer shall be obliged to perform all necessary acts of cooperation, in particular to supply without delay materials, content and/or templates which it wishes to be taken into account in a form or quality suitable for implementation, and to provide without delay all other information, documents and data required for the performance upon request.
  1. Materials and content provided by the customer must not violate third-party industrial property rights or third-party intellectual property rights, such as naming rights, trademark rights (brands, designs) or copyrights. The customer assures us that he can freely dispose of the rights to the materials and content provided by him for the contractual commissioned work and that the rights of third parties do not conflict.

Customer’s further duties and obligations

Claims arising from Defects/ Warranty

The statutory provisions shall apply to any claims for defects.

Liability Limitation

Our liability for damages shall be subject to the following:

  1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
  2. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
  3. Otherwise our liability, regardless of its legal grounds, shall be excluded.
  4. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
  5. Any liability based on the assumption of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).

Choice of Law, Jurisdiction

  1. German law shall apply exclusively. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
  2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user’s location instead.