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GTC

1. CONTRACTUAL TERMS

1.1 PURPOSE

The general terms and conditions (hereinafter referred to as GTC) serve as the legal basis for the duration of the contractual relationship between Masha Sever Interior Design and the customer who orders a product or service offered by Masha Sever Interior Design.

The terms and conditions are subject to Swiss law with Masha Sever Interior Design registered office as the exclusive place of jurisdiction.

 

1.2 START

The contractual relationship comes about with the acceptance of the order or commissioning by Masha Sever Interior Design on the basis of the order placed by the customer or an order being placed. The subject of the contract with the customer are spatial planning services such as design and planning of design and furnishing concepts, construction management and construction organization, creation and delivery of furniture and corresponding execution and design services. The services to be provided result from the individual offers/order confirmations, their attachments and any service descriptions. The customer must specify any special design requests in writing when the order is placed. A contract comes about through a down payment of 50% of the order volume of the customer. The order is placed on the basis of the most recent offer from Masha Sever Interior Design in writing by email or post. Placing an order by e-mail is also binding for the customer without a signature. Masha Sever Interior Design is entitled to accept and execute changes to the order that have been made verbally. The offers are always based on the state of the art at the time the cost estimate is sent. Masha Sever Interior Design may refuse an order or commission without giving a reason.

 

1.3 DURATION

The duration of the order depends on the offer or of the offer/order. If the customer switches to another provider with the order, all services in connection with this product/service will be switched off. With the change to another provider, all claims to the services of Masha Sever Interior Design expire.

 

1.4 VARIATIONS

Agreements that deviate in part from or supplement the GTC are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.

 

2. PAYMENT TERMS

2.1 PRICES

The customer is obliged to pay all invoices in full. The customer undertakes to pay the amount owed within 20 days of receipt of the invoice at the latest. Costs for accruing raw deductions and travel expenses are billed separately (see expense regulation). For concept work, the order is paid for in 2 steps. 

Where no explicit prices have been set, the hourly rate of CHF 140 applies. All prices are in Swiss francs exclusive of VAT. Any discounts are only valid if payment is made on time.

 

2.2 EXPENSES

Travel expenses are always at the expense of the customer. The travel time is 50% at the expense of the customer, telephone charges are billed as actual hourly expenditure without additional costs.

 

2.3 PAYMENT TERM

Unless special payment deadlines have been agreed, existing customers with invoices that are always paid on time are 7 days net from the invoice date. For all other customers prepayment applies.

 

2.4 BILLING

Half of the agreed remuneration is to be paid in advance immediately after the order has been placed. The remaining 50% of the agreed contract price is due within 20 days of receipt of the plan. In the case of on-site consultations, the agreed remuneration is paid by bank transfer within 20 days of receipt of the invoice.

If the customer does not pay on time, he will be in default without a reminder once this period has expired. The default interest is 5%. If the customer is more than six weeks in arrears with his payment, Masha Sever Interior Design can interrupt the provision of all services without further notice and/or dissolve the contract without notice and without compensation; a debt enforcement is filed.

If Masha Sever Interior Design is commissioned to order furniture for this very customer, the required amount is usually billed to the customer by third parties, their general terms and conditions apply, the contractual relationship exists between the customer and the third party. There is no contractual relationship between the customer and Masha Sever Interior Design for goods such as furniture and the like.

 

3. RIGHTS AND OBLIGATIONS OF MASHA SEVER INTERIOR DESIGN

3.1 SERVICES

Masha Sever Interior Design is responsible for the provision of services according to the offer requested by the customer, the product description according to the offer. Masha Sever Interior Design is free in all matters regarding the type of environment required for these services, for example domestic and foreign companies or third parties can be consulted. Changes here are also at the discretion of Masha Sever Interior Design.

 

3.2 PROPRIETARY RIGHTS

All movable property remains the property of Masha Sever Interior Design until full payment has been made.

 

3.3 ADJUSTMENTS

Masha Sever Interior Design reserves the right to adapt the terms and conditions, other parts of the contract according to Section 1.4 or an offer or individual parts thereof to changing circumstances at any time without notification. Unless otherwise announced, such changes will take effect immediately. Reference is made to Section 4.9 in this regard.

 

3.4 TERMINATION OF PERFORMANCE

Masha Sever Interior Design is entitled to immediately block or remove the account, server, service, content, program, etc. in question if the customer fails to comply with an obligation under Section 4 - be it intentional, unknowingly or through the fault of a third party. By remedying the situation, the customer can, if necessary, free himself from the sanction taken. In the event of a serious or repeated violation of an obligation, Masha Sever Interior Design reserves the right to terminate the contract without notice and compensation, as well as to take legal action against the customer.

 

3.5 NOTICES

Masha Sever Interior Design is entitled to send all communications to the customer by email, this includes general correspondence, offers, invoices and payment reminders.

 

3.6 EARLY TERMINATION

If the customer, despite a valid contract, wishes to terminate the contract early and if cooperation is no longer possible due to a lack of support from the customer, Masha Sever Interior Design can voluntarily agree to the early termination of the contract in return for compensation. Masha Sever Interior Design can either invoice the actual effort or demand a lump-sum compensation, especially in the case of fixed prices without detailed hourly billing.

 

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

4.1 COLLABORATION

The customer undertakes to help and to comply with set deadlines so that Masha Sever Interior Design can optimally provide the desired services.

 

4.2 THIRD PARTY RIGHTS

The customer is solely responsible for the legal admissibility of the domain name and the content of its Internet pages and printed matter as well as for the data and information it provides (design work, texts, electronic data, image data, etc.) including the search terms; the same applies to the protection of the Third-party rights, in particular with regard to copyright, competition law and criminal law.

 

4.3 NOTIFICATION

After delivery, the customer must check the product/service immediately and notify Masha Sever Interior Design of any defects or errors in writing within 14 days of delivery of the product at the latest. If there are material or legal defects for which the provider is responsible and which impair the functionality of the delivered product, the provider will – at its own discretion – remedy the defects or reduce the agreed remuneration. If rectification or reduction is not possible, the customer has the right to withdraw from the contract. Substitute performance by the customer is excluded.

 

4.4 DELAYS

Delivery dates are generally to be regarded as non-binding. The dates mentioned correspond to the respective planning status. In the event of non-compliance, Masha Sever Interior Design must be given a reasonable grace period. Masha Sever Interior Design assumes no responsibility for any delays that may occur, especially if they are caused by third parties or changes made at the request of the customer. Masha Sever Interior Design is not liable in cases of force majeure.

COVID pandemic: Due to the ongoing pandemic situation, delays, production downtimes, delivery delays, etc. unfortunately cannot be ruled out by furniture dealers/producers/craftsmen. Masha Sever Interior Design disclaims any liability for damage or claims arising from this.

4.5 SPECIAL NOTICE

The customer has the right to immediate termination with a claim to a pro rata refund of prepaid costs for the remaining contract period that would have prevented you from concluding the contract at the time of the order, which the customer must provide credible evidence of.

 

4.6 PAYMENT

The customer is obliged to pay the costs for the entire duration of the contract in compliance with Section 2. In the event of a delay in payment, a reminder fee of CHF 10 will be charged for each reminder. The reminder will be sent at intervals of 10 days before further steps are taken. Masha Sever Interior Design reserves the right to hand over the item to a third party for collection. In the event of repeated default in payment and unsuccessful reminders or default in payment by new customers, Masha Sever Interior Design is entitled to interrupt services. A resumption will then only take place after full payment has been received, plus a processing fee of CHF 100.

 

4.7 ADDITIONAL WORK

Work that does not fall within Masha Sever Interior Design's area of responsibility or the catalog of services applicable to the respective product can be rejected or the customer can be billed according to the effort incurred.

 

4.8 USE

In compliance with Section 1.4, the customer is obliged to make proper use of the services offered. Customer's right to use the Services is non-transferrable and resides solely with Customer or its companies and employees. If certain rights of use are passed on, the customer is responsible for informing the respective third party and is also fundamentally liable for them.

 

5. LIMITATION

5.1 LIABILITY

Masha Sever Interior Design strives to provide a high level of professional services. However, it does not assume any guarantees for the goal to be achieved. Masha Sever Interior Design only guarantees that the promised services will be provided in accordance with the standard of care customary in the industry.

Complaints regarding services rendered by the provider within the framework of the design and creative freedom to which it is entitled (concepts, designs, layout proposals, etc.) are not possible.

It is pointed out that such performances are always subjective representations, and whether you like them depends on the taste of the viewer. Since aesthetic perception is not accessible to an objective assessment, the customer's claims for defects with regard to the design work are excluded. As a gesture of goodwill, Masha Sever Interior Design decides how to proceed with any complaints.

 

5.2 CONTACT ADDRESSES

By registering, the customer undertakes to provide correct and complete information. These include, if available, company, contact person, postal address, telephone number and e-mail address. The customer is obliged to notify Masha Sever Interior Design within 10 days of important changes in order to prevent difficulties in contacting and delays.

 

5.3 PRIVACY

The customer is responsible for maintaining the confidentiality of the website and the associated password. Furthermore, she is responsible for all processes caused by the fact that the customer gave visitors access to her website or passed on the password and is liable in this case for all consequences of the use or misuse of his website or password. The customer agrees that personal data may be stored and transmitted to third parties if necessary. This applies in particular to the transmission of data required for registering domain names, which data can then be published.

 

5.4 CHOICE OF LAW / FINAL PROVISIONS

Swiss law applies to the contractual relationships between Masha Sever Interior Design and the customer.

Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the user has his habitual residence.

Changes to the terms of use and prices are possible at any time.

 

Place of jurisdiction is Zurich.

© Masha Sever Interior Design /Accessed November 29, 2022

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