terms and conditions
1.) Contract for Design and Installation Solutions
Between TrendMatter (hereinafter referred to as the Contractor) and the Customer (hereinafter referred to as the Client), a contract is entered into for the conception and planning of partial or complete design and installation solutions, the design of furniture pieces, and the related execution works. All services to be provided by the Contractor are detailed in the service descriptions and attachments of the proposal. These services remain binding from the date of the proposal for a period of three months. Services provided by third parties, such as craftsmanship, material deliveries, or furniture deliveries listed in the proposal and attachments, serve only as cost estimates and are not part of the binding offer. Special execution requests and changes that are not included in the original proposal must be specified in writing upon acceptance of the order.
2.) Additional Planning, Consulting, and Organizational Services
Additional Planning, Consulting, and Organizational Services that are not included in the offer or appointment schedule will only be provided upon explicit and separate agreement with the Contractor. These services will be remunerated separately and cannot be offset against other agreed-upon services, unless otherwise agreed upon.
3.) Terms for Order Placement and Appointment Scheduling
The order is placed by returning the signed offer from the client via postal mail or email, with the latter being legally valid even without a signature. This order placement is binding and applies exclusively to all items listed in the offer. Requests for changes will be documented in a separate quote and invoiced separately.
The contractor will commence work only upon receipt of a 50% deposit of the total contract value. A paid consulting agreement, including initial consultation and procurement assistance, is established once the client confirms a pre-agreed appointment in writing. The compensation rate specified in the appointment agreement remains payable even if the client fails to attend the scheduled appointment. Cancellations are exempt from payment obligations only if communicated via email to the contractor no later than 24 hours before the scheduled appointment. However, any expenses incurred up to that point remain chargeable.
A paid consulting agreement (including initial consultation) and procurement assistance are confirmed once the client confirms a pre-agreed appointment in writing. The compensation rate specified in the appointment agreement remains payable even if the client fails to attend the scheduled appointment. Cancellations are exempt from payment obligations only if communicated via email to the contractor no later than 24 hours before the scheduled appointment. However, any expenses incurred up to that point remain chargeable.
4.) The Binding Nature of Delivery and Performance Deadlines
The specified delivery and performance dates as well as deadlines are generally non-binding unless expressly agreed otherwise in writing. These dates or deadlines commence at the earliest upon order confirmation and receipt of the 50% deposit, applicable solely to the specified phase of work.
Additional services not originally included in the order or subsequently commissioned are exempt from these deadlines. The order is considered fulfilled on time even if individual, non-essential partial services have not yet been rendered. In such cases, the Contractor undertakes to deliver the outstanding services as promptly as possible.
The Contractor is liable only for the services directly provided by them. Delivery dates and deadlines of suppliers responsible for manufacturing or ordering goods necessary for order completion, as well as work carried out by specialized craftsmen and tradespeople, do not fall under the Contractor’s liability.
A paid consulting agreement, including initial consultation and procurement assistance, is confirmed once the Client confirms a pre-agreed appointment in writing. The compensation rate specified in the appointment agreement remains payable even if the Client fails to attend the scheduled appointment. Cancellations are exempt from payment obligations only if communicated via email to the Contractor no later than 24 hours before the scheduled appointment. However, any expenses incurred up to that point remain chargeable.
5.) Responsibilities and Additional Services
The contractor is not responsible for the production of furniture designed in the drafts or for craftsmanship. However, upon request, the commissioning of such works to specialized craftsmen, as well as the purchase of all furniture, accessories, and decorations, can be included as an additional service in the contract. In this case, the contractor decides which craftsmen will perform the work and which suppliers will deliver the items. These service providers are contractual partners of the client and will invoice them directly unless otherwise agreed upon in writing.
After submitting a draft, the client must decide within 5 days whether to place the order or communicate any desired changes. The quoted price includes two revisions to the original draft. Additional changes or modifications to a final draft will be charged based on time spent. All drafts are chargeable even if they are not approved.
The contractor is liable only for the services directly provided by them. Delivery dates and deadlines of suppliers responsible for manufacturing or ordering the goods necessary for order completion, as well as work carried out by specialized craftsmen and tradespeople, do not fall under the contractor’s liability. The order is considered fulfilled on time even if individual, non-essential partial services have not yet been rendered. In such cases, the contractor undertakes to deliver the outstanding services as promptly as possible.
A paid consulting agreement, including initial consultation and procurement assistance, is confirmed once the client confirms a pre-agreed appointment in writing. The compensation rate specified in the appointment agreement remains payable even if the client fails to attend the scheduled appointment. Cancellations are exempt from payment obligations only if communicated via email to the contractor no later than 24 hours before the scheduled appointment. However, any expenses incurred up to that point remain chargeable.
6.) The Binding Nature of Designs and Limitation of Liability
The information, images, samples, and materials included in the contractor’s designs are for illustration purposes only and are non-binding. Variances in form, color, material, or weight due to differences in production batches, for example, are not considered defects unless they significantly deviate from the characteristics specified in the performance description.
The contractor is liable only for the services they directly provide. Delivery dates and deadlines of suppliers responsible for manufacturing or ordering necessary items for order completion, as well as work carried out by specialized craftsmen and tradespeople, are not within the contractor’s liability. The order is deemed fulfilled on time even if individual, non-essential partial services have not yet been completed. In such cases, the contractor commits to promptly deliver the outstanding services.
A paid consulting agreement (including initial consultation) and purchasing assistance are established once the client confirms a previously agreed-upon appointment in writing. The compensation rate specified in the appointment agreement is payable even if the client fails to attend the scheduled appointment. Cancellations are only exempt from payment obligations if communicated via email to the contractor no later than 24 hours before the agreed-upon appointment. Costs incurred up to that point remain chargeable.
7.) Disclaimer for Third-Party Services
The contractor assumes no liability for services provided by third parties, such as the manufacture of furniture or craftsmanship. This includes work contracted to companies selected by the contractor, as well as deliveries from orders and purchases for project execution, even if arranged by the contractor. The contractor is not liable for delays or failures resulting from orders or manufacturing processes that are beyond the contractor’s control. In such cases, the contractor reserves the right to cancel the unfulfilled part of the order. The client has no claim to replacement services or compensation from the contractor in this regard.
A paid consulting agreement (including initial consultation) and purchasing assistance are established once the client confirms a previously agreed-upon appointment in writing. The compensation rate specified in the appointment agreement is payable even if the client fails to attend the scheduled appointment. Cancellations are only exempt from payment obligations if communicated via email to the contractor no later than 24 hours before the agreed-upon appointment. Costs incurred up to that point remain chargeable.
8.) Copyright protection and usage rights for designs
All designs created by the contractor, especially for custom furniture and installations, remain copyrighted and property of the contractor. The client obtains usage rights to these designs and concepts only upon full payment of the contract. The client is expressly prohibited from sharing the designs with third parties or making alterations unless approved by the contractor.
9.) Tolerances and deviations in performance specifications
Deviations in the quantities and other measurable values specified in the performance descriptions do not require a specific agreement as long as they fall within a tolerance of +/- 10%. Such deviations shall not be considered defects unless it has been explicitly stated in writing that exact compliance with these values is crucial for the contract. Changes exceeding this tolerance limit must be expressly approved by the client.
10.) Responsibilities of the client for project implementation and coordination
To ensure smooth project progress, the client undertakes to make a selection from the proposed samples or communicate any desired changes within 3 days. In the event of no timely decision, the client authorizes the contractor to proceed with the selection autonomously. For timely coordination of craftsmen’s schedules and prompt project execution, the client pre-approves the use of courier services, with any additional costs incurred borne by the client.
11.) Payment Terms
Payment Terms
First Installment (50%): 50% of the total project amount is due upon acceptance of the contract, which also serves as approval and, if agreed upon, commencement of the deadline.
Second Installment (25%): An additional 25% of the total project amount is due halfway through the agreed delivery period or upon completion of corresponding partial services for indefinite projects.
Third Installment (25%): The remaining 25% is payable within 7 days after project completion and acceptance by the client.
Additional Costs
Additional costs such as sample fees, mileage, and extra hours for procurement of materials, furniture, accessories, and decorations will be invoiced separately and are due immediately upon completion of the service.
Purchases for Furnishing
If the contractor makes purchases for furnishing, the client must provide the estimated amount in advance. Pre-financing by the contractor is not permitted. The client must also ensure timely payment to craftsmen and suppliers to avoid delays. If the necessary funds are not provided promptly by the client, the project deadline will be extended corresponding to the duration of the delay.
Default Interest
In case of late payment, default interest of 6% above the base rate of the Deutsche Bundesbank at the time of the commencement of default will be charged. Further claims for damages remain unaffected by this.
First Installment (50%): 50% of the total project amount is due upon acceptance of the contract, which also serves as approval and, if agreed upon, commencement of the deadline.
Second Installment (25%): An additional 25% of the total project amount is due halfway through the agreed delivery period or upon completion of corresponding partial services for indefinite projects.
Third Installment (25%): The remaining 25% is payable within 7 days after project completion and acceptance by the client.
Additional Costs
Additional costs such as sample fees, mileage, and extra hours for procurement of materials, furniture, accessories, and decorations will be invoiced separately and are due immediately upon completion of the service.
Purchases for Furnishing
If the contractor makes purchases for furnishing, the client must provide the estimated amount in advance. Pre-financing by the contractor is not permitted. The client must also ensure timely payment to craftsmen and suppliers to avoid delays. If the necessary funds are not provided promptly by the client, the project deadline will be extended corresponding to the duration of the delay.
Default Interest
In case of late payment, default interest of 6% above the base rate of the Deutsche Bundesbank at the time of the commencement of default will be charged. Further claims for damages remain unaffected by this.
12.) Ownership and Usage Rights to Designs and Files
The contractor is not obligated to provide files or layouts to the client. Financial compensation does not transfer ownership or copyright of the created designs. Alterations to provided files or layouts without the explicit consent of the contractor are prohibited and will be legally pursued. Changes may only be made by the contractor.
13.) severability clause
If any of the above provisions should be invalid, the remaining provisions shall remain unaffected.
14.) Jurisdiction and Applicable Law
In case of disputes arising from the contract between the client and the contractor, the registered office of the contractor shall be the agreed place of jurisdiction. Only the law of the Federal Republic of Germany shall apply.
15.) Usage rights for self-promotion and attribution.
The contractor is authorized to use designs and projects for reference purposes in self-promotion. The client expressly agrees that the contractor may collect photographic material from the initial state to the completion of the project and may publish it for promotional purposes. Any deviations from this agreement must be documented in writing. Additionally, the contractor has the right to affix their name to the finished product.