Terms & Conditions
NTF NOMI Interior Design e.U.
Commercial register number: 494170x
1. Validity, conclusion of contract
1.1 NTF NOMI Interior Design e.U. (hereinafter referred to as the “Designer”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the Designer and the customer, even if they are not expressly referred to. The term furniture also includes home accessories such as decorative objects, pictures, porcelain, cushions, blankets, etc.
1.2 The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviations from these as well as other supplementary agreements with the customer shall only be effective if they are confirmed in writing by the Designer.
1.3 Any terms and conditions of business of customers shall not be accepted, even if known, unless expressly agreed otherwise in writing in individual cases. The designer expressly objects to the customer’s general terms and conditions. No further objection to the customer’s GTC by the designer shall be required.
1.4 Should individual provisions of these General Terms and Conditions of Business be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.
1.5 The offers of the Designer are subject to change and non-binding.
2. Scope of services, order processing and customer's duty to cooperate
2.1 The scope of the services to be rendered is set forth in the contract for work and services in an order confirmation by the Designer, as well as in any briefing protocol (“Offer Documents”). Subsequent changes to the content of the service shall require written confirmation by the designer. The Designer shall be free to design the order within the scope specified by the Client.
2.2 All services rendered by the Designer (in particular all preliminary drafts, sketches, furnishing concepts, purchase orders and electronic files) shall be reviewed by the Client and approved by the Client within three working days of receipt.
2.3 The Client shall make available to the Designer, in a timely and complete manner, all information and documents required for the performance of the service. He shall inform the Designer of all circumstances that are of significance for the performance of the order, even if these only become known during the performance of the order. The customer shall bear any expenses incurred as a result of work having to be repeated or delayed by the designer as a result of the customer’s incorrect, incomplete or subsequently changed information.
3. Third-party services / commissioning of third parties
3.1 The Designer shall be entitled to make use of third parties for the provision of contractual services.
3.2 The commissioning of third parties within the scope of an external service shall take place on behalf of the customer. Contracts with furniture suppliers and craftsmen shall be concluded between them and the customer. The Designer is not a general contractor.
4.1 Stated delivery or service deadlines of third parties are non-binding.
4.2 If the Designer’s delivery/service is delayed for reasons beyond her control, such as events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration to the extent of the impediment and the deadlines shall be extended accordingly.
4.3 If the Designer is in default for any other reason, the customer may only withdraw from the contract after having granted the Designer a reasonable grace period of at least 14 days in writing, which period shall have expired to no avail. Claims for damages by the customer due to non-fulfillment or delay are excluded, except in the case of proof of intent or gross negligence.
5. Early dissolution
5.1 The Designer shall be entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days being set;
b) the customer continues, despite a written warning with a grace period of 14 days, to violate essential obligations under this contract, such as payment of a due amount or obligations to cooperate.
c) there are justified concerns about the customer’s creditworthiness and the customer fails to make advance payments at the request of the Designer;
5.2 The customer shall be entitled to terminate the contract prematurely for good cause without granting a grace period. In particular, good cause shall be deemed to exist if the Designer fails to perform essential contractual services despite a written warning with a reasonable grace period of at least 14 days (for example, fails to submit a design concept approved by the customer).
6. Costs and billing
6.1 The Designer is entitled to demand advance payments to cover her expenses (for example, for furniture orders).
6.2 All services provided by the Designer that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by the Designer shall be reimbursed by the Client.
6.3 If the customer unilaterally changes or cancels work commissioned without involving the Designer – without prejudice to the Designer’s other ongoing support – the customer shall compensate the Designer for the services rendered up to that point in accordance with the fee agreement and reimburse all costs incurred.
7. Payment, retention of title
7.1 The fee shall be due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in writing in individual cases. This also applies to the charging on of all cash expenses and other expenditures. Goods purchased by the Designer for the customer shall remain the property of the Designer until payment has been made in full.
7.2 In the event of default in payment, the customer undertakes to reimburse the Designer for any dunning and collection expenses incurred, insofar as they are necessary for appropriate legal action. In any case, this includes the costs of two reminders in the customary amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims shall remain unaffected.
7.3 Furthermore, the Designer shall not be obliged to provide further services until the outstanding amount has been settled (right of retention).
8. Use of the design concept
8.1 The Designer shall be entitled to publish the design concept or individual elements thereof in her web presence (website and social media channels) without reference to the Client.
8.2 The Client shall be liable to the Designer for any unlawful use in the double amount of the fee appropriate for such use. Any claims for damages shall remain unaffected.
9.1 Within the scope of processing furniture orders on behalf of the Client, the Designer shall not be liable for defects in the pieces of furniture. Insofar as she takes care of the rectification of defects or the replacement of the piece of furniture within the scope of her order, she shall be separately reimbursed for the time spent in the amount of the hourly rate agreed in the contract for work. The customer must inspect delivered pieces of furniture for defects within 48 hours of acceptance and report any defects to the Designer in writing by e-mail without delay (within a further 48 hours).
10. Liability and product liability
10.1 In cases of slight negligence, liability on the part of the Designer for property damage or financial loss on the part of the customer is excluded, regardless of whether the damage is direct or indirect or consequential damage, loss of profit, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The existence of gross negligence must be proven by the injured party.
11. Data privacy
The customer agrees that his personal data, namely name/company, profession, date of birth, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, VAT number) are determined, stored and processed with the aid of automated systems for the purpose of fulfilling the contract and supporting the customer as well as for own advertising purposes, for example for sending offers, advertising brochures and newsletters as well as for the purpose of referring to the existing or former business relationship with the customer (reference).
The customer agrees that electronic mail may be sent to him for advertising purposes until revoked.
This consent can be revoked at any time in writing by e-mail or letter to the contact details listed at the top of the GTC.
12. Place of performance and jurisdiction
12.1 The contract and all mutual rights and obligations derived therefrom as well as claims between the Agency and the Customer shall be governed by Austrian substantive law, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 The court of jurisdiction for all legal disputes arising between the Agency and the Customer in connection with this contractual relationship shall be the court with subject-matter jurisdiction for the registered office of the Designer. Notwithstanding the foregoing, the Designer shall be entitled to bring an action against the customer at the customer’s general place of jurisdiction.