General terms and conditions

Julia Latt - Latt Living
Home Consulting and Interior Design

Below you will find the General Terms and Conditions of Latt Living – Interior Design, in their most recent version dated July 1, 2022.

 

Section 1: Scope of Application

1. The following General Terms and Conditions apply to the services of Interior Design Studio Latt Living and form an integral part of all contracts for commissioned services.

2. The General Terms and Conditions of Latt Living – Interior Design apply exclusively; any conflicting or deviating terms and conditions of the customer are not recognized unless Latt Living – Interior Design has expressly agreed to their validity in writing.

3. The General Terms and Conditions of Latt Living – Interior Design apply to both consumers and businesses, unless a distinction is made in the respective clause.

Section 2: Offer - Contract Conclusion - Offer Documents

1. For the Starter Package or the Home Consultation Gift Voucher, the customer's submission of images, drawings, and/or measurements constitutes a binding offer, which Latt Living – Interior Design may accept within one week by sending an order confirmation or by providing the requested service.

2. The documents included with the offer for the Starter Package or the Home Consultation Gift Voucher, such as images, drawings, and measurements, can only approximate the exact situation, as they are based on the information provided by the customer when placing the order. In particular, the measurements were not taken by Latt Living – Interior Design. Therefore, Latt Living – Interior Design can only create detailed specifications and designs based on this information and should be understood as preliminary plans/sketches. For the execution and implementation of the suggestions made within the Starter Package or Gift Voucher, it may be necessary to consult a suitable specialist company.

3. The initial consultation for interior design projects is non-binding. The scope of the offer will be discussed verbally during the initial consultation. Should a collaboration be established, a flat fee will be charged for the initial consultation. Unless otherwise agreed, the time spent will be billed on an hourly basis. A confirmation letter from Latt Living – Interior Design will outline the project framework, record the discussed key points, and thus constitute a contract between the parties.

4. Latt Living – Interior Design retains ownership and copyright of all designs, drawings, and other documents, including the right to use the planned designs and drawings in anonymized form on the internet and/or in print media for documentation and advertising purposes. If the client does not wish this, this information must be provided upon placing the order.

5. All agreements made between Latt Living – Interior Design and the client regarding the execution of the services are set forth in writing in this contract.

Section 3: Scope and Execution of Services

1. The scope of services that Latt Living – Interior Design provides to the client within the scope of the contract is generally defined by the service information described on the website www.lattliving.com. Services not listed there will be charged separately by the client.

2. If drawings are provided as part of the Starter Package or the Interior Design Gift Certificate, these are always sketches only. The dimensions and specifications cannot be considered binding information, e.g., for direct transfer to third parties. The Starter Package and the Interior Design Gift Certificate are intended only to provide an impression of the possibilities and therefore never include fully developed plans.

3. Latt Living – Interior Design undertakes to execute the contract diligently in accordance with the order confirmation – and/or the verbal agreement (which will subsequently be summarized in writing – briefly via email) – according to the principles of proper professional practice and high-quality service. The preliminary design phase includes a design proposal for furnishing, decoration, and/or color and material consultation based on the client's specifications and stated preferences. Detailed planning is always created only after prior consultation with the client and develops from the preliminary design and a feasibility analysis with the executing contractor.

4. For all projects in which Latt Living – Interior Design is not responsible for overall project management or has not been commissioned by the client to develop detailed plans, the following applies: Dimensions and other information regarding the characteristics of the property, which Latt Living – Interior Design provides to the client as a sketch, are intended solely for the client's private use. Latt Living – Interior Design assumes no liability for the accuracy, completeness, or quality of the information provided. All planning proposals are to be understood merely as conceptual sketches. Before their implementation, it may be necessary to obtain further information and advice from qualified professionals (structural engineers, building services engineers, building authorities, architects) in accordance with legal regulations. If the client engages third parties (e.g., tradespeople), the measurements and specifications provided to these third parties must not be considered binding. Instead, the client must ensure that the third parties they engage are responsible for independently determining the measurements and other relevant information.

5. Latt Living – Interior Design does not perform structural calculations itself but always collaborates with structural engineers or building contractors on projects involving construction work.

6. Latt Living – Interior Design does not engage tradespeople but may provide advice on selection or offer non-binding suggestions. The client is solely responsible for commissioning tradespeople to implement the plans.

7. Latt Living – Interior Design may charge separately for major changes made during the construction phase at the client's request that were not initially planned. The same applies to unforeseen work.

Section 4: Freedom of Design

1. Latt Living – Interior Design has freedom of design within the scope of the commission.

2. Templates provided to Latt Living – Interior Design (e.g., photos, illustrations, samples, etc.) will be used on the condition that the client is authorized to use them.

Section 5: Prices and Terms of Payment

1. The prices described under "Prices" are fixed prices and therefore binding. For consumers, statutory VAT is included.

2. The customer is only entitled to set-off rights if their counterclaims have been legally established, are undisputed, or have been acknowledged by Latt Living – Interior Design. If the customer is a business, they are only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

3. Payment is due 14 days after the invoice date.

4. If a customer is in default of payment of an invoice, Latt Living – Interior Design is entitled to suspend work until the outstanding amount is paid.

Section 6: Performance Period - Contract Duration

1. Latt Living – Interior Design is only considered to be in default with its services if specific completion dates have been agreed upon as fixed deadlines. Latt Living – Interior Design is not responsible for unforeseen absences of the contact person responsible for the project, force majeure, or other events that were unforeseeable at the time the contract was concluded. Claims for damages due to delayed delivery cannot be asserted against businesses.

2. If a performance deadline has been agreed upon, and Latt Living – Interior Design is unable to meet this deadline due to force majeure, all claims of the customer against Latt Living – Interior Design arising from this delay are void. Force majeure includes, in particular, strikes, as well as the death or prolonged illness of an employee of Latt Living – Interior Design involved in the project. The agreed performance deadlines will be extended accordingly.

Section 7: Claims for Damages, Warranty Claims, and Liability

1. Contractual and statutory claims for damages by the customer against Latt Living – Interior Design are excluded, unless they are based on gross negligence on the part of Latt Living – Interior Design, its legal representatives, or its agents. This exclusion does not apply to claims for damages due to injury to life, body, or health, nor to claims where the requirements of Section 639 of the German Civil Code (BGB) are met.

2. Latt Living – Interior Design assumes no liability for the completeness and accuracy of the measurements and other information provided by the customer. Likewise, Latt Living – Interior Design assumes no liability for damages resulting from the use of measurements and other information determined by Latt Living – Interior Design by third parties.

3. The customer is aware that the services provided by Latt Living – Interior Design are based on the individual aesthetic preferences of the person responsible for the planning at Latt Living – Interior Design. Since aesthetic perception is not amenable to objective assessment, the customer's claims for defects regarding the design services provided by Latt Living – Interior Design are excluded.

4. For all other services provided by Latt Living – Interior Design, the customer must report obvious defects by submitting a notice of defects within two weeks; otherwise, they forfeit their rights to claim for defects. If the customer is a business, this also applies to non-obvious defects. The customer's right to reimbursement of the costs of self-remedy is excluded.

Section 8: Liability

1. The services provided by Latt Living – Interior Design are based on the client's specifications and briefings. The client is solely responsible for errors, misunderstandings, and changes resulting from incorrect or incomplete information provided by the client.

2. Latt Living – Interior Design assumes no liability for the legal compliance of the work with regard to competition law and trademark law; the same applies to its eligibility for protection.

3. If Latt Living – Interior Design commissions third-party services on behalf of and at the expense of the client, Latt Living – Interior Design is not liable for the services and work results of the commissioned service providers.

4. Latt Living – Interior Design assumes no liability for the completeness and accuracy of the measurements and other information provided by the client. Likewise, Latt Living – Interior Design assumes no liability for damages resulting from the use of measurements and other information determined by Latt Living – Interior Design by third parties.

2. Latt Living – Interior Design assumes no liability for damages resulting from the use of measurements and other information determined by Latt Living – Interior Design by third parties.

3. Latt Living – Interior Design assumes no liability for damages resulting from the use of such measurements and other information by third parties. 5. Liability for breaches of contractual obligations and for torts is limited to intent and gross negligence. Insofar as Latt Living – Interior Design can be accused of simple negligence, liability is limited to the amount of the order.

Section 9: Data Protection

All personal data transmitted by the client for the purpose of fulfilling the order will be treated confidentially and will not be disclosed to third parties.


Section 10: Place of Performance - Choice of Law - Jurisdiction

1. Unless otherwise stipulated in the contract, the place of performance and payment is the registered office of Latt Living – Interior Design.

2. This contract is governed by the laws of the Federal Republic of Germany.

3. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law, or special funds under public law is the court with jurisdiction over the registered office of Latt Living – Interior Design. If the client is a consumer and does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is also the registered office of Latt Living – Interior Design.


Section 11: Retention of Title

The German Civil Code (BGB) provisions regarding retention of title apply. Services rendered, sketches created, and plans remain the property of Latt Living – Interior Design until full payment is received.


Section 12: Severability Clause

Should any provision of these Terms and Conditions be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are obligated to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intended purpose of the invalid or unenforceable provision.