General Terms and Conditions
1. General Terms / Scope of Application
Homestaging Expert, owner DI Birgit Rader, St. Martiner Strasse 41, 9500 Villach, hereinafter called “Agent“ or “Lessor”, provides services in the field of “Homestaging.” Homestaging refers to any means taken to promote the utilization / use of the principal’s (or “lessee”) real estate or apartment; for these purposes, objects are temporarily or permanently remodeled.
1.1 All legal transactions between the agent and the principal are governed exclusively by these general terms and conditions, whereby the version effective at the time of contract conclusion is binding.
1.2 These terms and conditions apply equally to all future contractual relationships. This includes any and all additional contracts, even when no reference is made specifically to these terms and conditions.
1.3 Adverse terms and conditions of the principal shall be invalid, unless they are expressly approved by the agent.
2. Scope of Services
2.1 The scope of services includes the delivery, the assembly and the dismantling as well as the renting of furniture.
2.2 The agent is entitled to have the tasks assigned to her performed by third parties partly or in their entirety.
2.3 If the principal uses additional services or changes not comprised in the original assignment, these will be invoiced separately at cost.
3. Duties of the Principal and the Agent
3.1 The agent will perform the services she is tasked with, and shall perform all services with the utmost care and with the principal’s interest in mind.
3.2 The agent is committed to treating the real estate by the principal with reasonable caution.
3.3 The principal agrees that the agent, in order to fulfill the assignment, may mount rental objects (e.g. pictures and mirrors) using nails, plugs or other means, which
may cause traces such as holes to develop or remain in the walls. The agent shall not be required to remove these traces following completion of the assignment or
to pay damages resulting from.
3.4 The principal is aware that the services rendered by the agent always entail an element of subjective design, whose enjoyment depends on the respective viewer’s
personal taste. Thus, the principal discharges the agent of all liability related to the potential dissatisfaction with the design work performed.
3.5 The principal must ensure that the organizational framework on site, while the assignment is ongoing, allows for work to be performed with as little obstruction as
possible in a manner conducive to fast progress. Electricity and water are to be supplied at no cost. – Furthermore, the principal is to ensure that all work by
craftsmen and/or contractors hired by the principal are completed before the onset of work by the agent. The agent will not be liable for any delays resulting thereof.
3.6 The principal is committed to affording the agent (and her employees) free and safe access to his real estate.
3. 7 The agent must ensure that all documents of the real estate that are essential to the fulfillment and performance of the assignment are presented to the agent in a
timely manner, even without her express request, and that she is informed of all occurrences and circumstances relevant to the performance. This includes all
documents, occurrences and circumstances that only become known while the agent is at work. 3.8 An (image) protocol of the condition of the principal’s real estate
as found upon issuance of the contract is to be recorded, which will also include the condition of the existing furniture, decorations and other inventory.
4. Rental property
4.1 The rental property refers to flexible, physical movables (inventory) which are choosen and booked by the principal. The inventory is listed in an inventory list.
4.2 The lessee must assure himself of the completeness and condition of the rental property according to the inventory list upon delivery of said. A corresponding inventory list along with the record of delivery and photos shall be produced in writing for this purpose.
4.3 If the delivery of one or several rental objects should be delayed, due to no fault on the part of the lessor, the lessor shall be entitled to provide other similar rental objects of equal value. If the lessor provides more objects than agreed upon, this shall not increase the rent.
5. Rent and Payment of Rent
5.1 The lessee must transfer the rent until the 4th day of each month to the bank account identified by the lessor free of expense, without further instigation by the lessor and under exclusion of any offset of counterclaims.
5.2 The agent`s work begins after the first monthly rent and the safety deposit is transferred on the agent`s account. Principal’s claims against the agent can only be offset pursuant to a judicial determination or are presented in the form of a counterclaim in an ongoing lawsuit. 5.3 The agent is entitled to transmit bills to the principal electronically. The principal gives his express consent to receiving bills electronically.
6. Safety Deposit
6.1 The lessee shall pay a safety deposit in the amount of one monthly rent to ensure coverage of any and all claims relating to the rental agreement such as rent and other claims resulting from the obligation of returning the rental property in its proper condition. The deposit shall be refunded to the lessee within 4 weeks following the expiration of the term if funds are not used. The deposit must be transferred to the bank account identified by the lessor free of expense within 1 week following perfection of the rental contract.
6.2 Payment of the deposit does not relieve the lessee from his contractual obligations, in particular the obligation to make regular rent payments. Rather, the lessee is obligated to replenish the deposit to its original amount immediately, should the deposit have to be used. Furthermore, the lessor is entitled to hold herself harmless from this deposit regarding any and all claims from this contract that the lessee does not fulfill when due, including but not limited to the cost of court orders and enforcement of rights.
7. Duties of the Lessee
7.1 The lessee is committed to treating the received rental objects (items such as furniture, decorations, plants etc.) with reasonable care and not exposing them to any danger. In case of contamination or damage to the delivered rental objects, the lessee is not entitled to request new objects from the agent.
7.2 The lessee is not entitled to give the objects to other persons. Neither is he entitled to transfer the rental objects. 7.3 The lessee must return the rental objects cleaned and in good conditions.
8. Rental contract
8.1 The lessee gets the rental contract after the booking process. The rental contract must be signed and send back to the agent.
9. Design Services – Protection of Intellectual Property
9.1 Any and all documents produced by the agent for the purposes of performing the assignment are intended solely for the purposes of the project as agreed upon contractually and may not be used, reproduced or distributed by the principal without the express written consent of the agent.
9.2 The copyrights of the work performed by the agent and her employees remain with the agent. Under no circumstances will the agent be liable to third parties – especially regarding the correctness of the work – as a result of unwarranted reproduction/distribution of her work.
10. Liability / Indemnification
10.1 The agent is liable to the principal for damages – with the exception of injury to persons – only in case of gross negligence, wanton or willful action indicating intent to cause such harm.
10.2 The principal must present evidence in any respective claim that the damage was caused by negligence on the agent’s part.
10.3 Should the agent be fulfilling the task using the assistance of third parties, and should guarantee claims and/or liability claims against these third parties arise as a result, the agent transfers these claims to the principal. The principal will primarily deal with the third parties in this case.
10.4 The agent is not liable for injury to persons or objects arising from the use of rental objects, which serve solely the optical presentation/design.
11. Nondisclosure / Data Protection
11.1 The agent is entitled to store and process, using the means of IT, personal data acquired as part of the business relationship in accordance with the provisions of the Data Protection Act, especially for the purposes of accounting, customer documentation and information and advertising measures of the agent. The principal gives his express consent.
12. Image Copyright and Confidentiality
12.1 The agent is entitled to take pictures and videos of the real estate before, during and after the contractually agreed upon work, or have them taken by third parties; the principal grants to the agent the right to store images and leaves them to her free of charge to make public for advertising purposes. The agent is committed to keeping confidential all information relating to the principal and the location when using images and videos.
13. Contract Duration, Premature Dissolution of Contract
13.1 The rental period corresponds the booked time period from the lessee. The contractual relationship expires at the end of the term agreed upon by the parties in each individual contract. A cancellation during this term is not possible. The possibility of dissolution for good cause shall remain unaffected thereof. (e.g. Dissolution on part of the agent: default of payment of agreed upon fee, careless handling of rental objects, hindrance of access to the real estate at the agreed upon time or obstruction of project progress on the principal’s part).
13.2 In case of a relocation by the principal during the rental period, the principal has to inform the agent immediately and at the least one month in advance. In case of a relocation within the same city, the principal is authorized to take the rental objects in his new property by himself or he allows the agent to pick up the rental objects in her possession. In both cases, the principal shall be committed to paying the outstanding rents until the agreed rental period is over.
13.3 The lessee is granted an option to extend the rental contract. Should the lessee wish to make use of an extension, the lessor must be informed thereof in writing at least 4 weeks prior to the end of the term. An extension of the term requires a written agreement.
13.4 Following the expiration of the term, the lessee must afford the lessor access to the property within 7 days, allowing her or an authorized agent to pick up the rental objects.
14. Final Provisions
14.1 The contractual parties confirm that all data contained in the contract have been rendered conscientiously and to the best of the parties’ knowledge and commit to informing each other of any possible changes immediately.
14.2 Amendments to the contract and these terms and conditions shall be made in writing; same applies to deviations from this requirement of form. Any verbal agreements shall not be binding.
14.3 Austrian Substantive Law shall apply, excluding related conflict of private international laws rules. The place of performance is the agent’s place of business. Disputes shall be settled by the court in charge at the agent’s place of business. If the contractual relationship is a consumer business as defined by the Consumer Protection Act, the place of general jurisdiction (residence of the defendant) applies to claims.
14.4 Should individual provisions of the terms and conditions including but not limited to these provisions be void partly or in their entirety or should the terms and conditions contain a loophole, the effectiveness of the remaining provisions or parts of such provisions remain unaffected. The respective statutory rules take the place of the void or missing provisions. No relinquishment of those rights shall be deducted from the circumstance that the agent may not exercise individual rights or all of the rights due her.
14.5 Changes of the terms and conditions can be made by the agent at any given time and shall also be effective for existing contractual relationships. The current version can be accessed on the agent’s website at www.furniture-leasing.at. Changes to the terms and conditions are admissible towards the consumers if the change is deemed acceptable to the consumer, especially when nominal and justifiable. The consumer is entitled to object to the change to the terms and conditions within one (1) month following the receipt of the information regarding the change, or the amended terms and conditions are deemed accepted by the consumer. The agent will inform the consumer of his right of objection as well as the legal consequences resulting from an omission.