General Terms and Conditions for Business-to-Business Transactions (B2B)
Carrato Interior Design, Vienna
As of: September 11, 2026
Preamble
These Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (UGB), legal entities under public law, or special funds under public law. Separate Terms and Conditions apply to contracts with consumers within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG). The Consumer Protection Act (KSchG) and the Distance and Off-Premises Transactions Act (FAGG) do not apply to contracts governed by these Terms and Conditions.
1. General / Scope
These General Terms and Conditions (hereinafter: T) apply to all our legal transactions and services. Deviating General Terms and Conditions of our contractual partners shall only apply with our express written consent.
The contractual partner’s T shall not become part of the contract even if their validity is not expressly contradicted. A mere reference to deviating T of the contractual partner (e.g., in orders, order confirmations, or other correspondence) is not sufficient for their inclusion.
2. General Scope of Services
CID (hereinafter: Carrato Interior Design) operates according to the provisions of the unregulated profession of interior design consultancy, specifically the creation of furnishing proposals based purely on aesthetic and stylistic considerations, excluding any consulting, preliminary planning, and planning activities regarding the floor plan of premises and their technical building equipment. The activity consists of creating individual interior design concepts, advising on interior design projects regarding style, room layout, furniture arrangement, color and material concepts, and similar creative activities. For illustration purposes, drawings and plans in two- or three-dimensional representation may be used. CID develops proposals for interior design, which may include color, fabrics, lighting, furniture, furnishings, carpets, wall designs, etc., as required. The services do not include architecture. CID consults other professionals such as lighting designers, acoustic planners, landscape architects, architects, and others. The client acknowledges that project deadlines may be subject to market uncertainties and the performance of third parties.
CID is entitled to use suitable vicarious agents and subcontractors to fulfill its services. Separate consent from the client is not required for this.
3. Design Fee
The design fee is remunerated based on two methods: a) Bronze, Silver, and Gold service packages as well as separately offered additional services, the scope and price of which are presented on the website and/or in the individual offer, and b) all other services on an hourly basis according to the current price list or individual offer. The respective offer and order confirmation are decisive for the specific contract. Hourly fees are billed according to actual time spent, but at least in 30-minute increments, unless otherwise agreed.
If prices that are likely to be charged are communicated orally or in writing, the following applies: Cost estimates are non-binding unless a binding price quote has been expressly agreed upon in writing. In the case of individually offered services, the client must accept unforeseen cost overruns of up to 20% of the estimated fee. Cost increases exceeding this will be communicated to the client immediately and require a separate agreement.
Upon commissioning, CID may request an advance payment according to the invoice; payment also serves as confirmation of the commission unless otherwise agreed. In the event of premature termination of the project by the client, the services rendered up to that point and expenses incurred will be billed. Further claims by CID, in particular according to Section 1168 of the Austrian General Civil Code (ABGB), remain unaffected.
4. Conclusion of Contract
A contract is concluded only upon written order confirmation.
The content of the order confirmation must be checked by the contractual partner. The contractual partner is obliged to report deviations from the message transmitted by them in writing within 5 business days of receipt. Otherwise, the legal transaction is concluded with the content confirmed in the order confirmation (commercial letter of confirmation).
Agreements deviating from these GTC are only valid if CID has confirmed them in writing in the order confirmation.
5. Reimbursable Expenses
The client undertakes to reimburse CID for all actual expenses incurred in connection with the project, including, but not limited to, renderings, third-party design services, travel and transportation costs outside the Vienna city area, postage, etc. Expenses of EUR 500.00 or more will be billed separately after prior coordination with the client.
6. Payment
For individually offered services, CID prepares a written offer. Unless otherwise agreed, down payments, partial payments, and final payments are to be made according to the offer. CID is entitled to issue partial invoices based on project progress. The respective partial invoice must be paid within the payment period stated on the invoice.
For the Bronze, Silver, and Gold service packages, as well as for separately commissioned additional services, the payment terms stated in the respective offer, order confirmation, and/or on the invoice apply. In case of doubt, the offer and order confirmation are decisive. If a due down payment is not made on time, CID is not obliged to commence or continue with the service provision until payment is received.
In the event of default in payment, CID is entitled to withhold the provision of further services until full payment is made, without the client being entitled to claims for damages as a result.
7. Invoices
Invoices must be settled within the specified payment period to the specified account. Unless a different period is specified, a payment period of 14 days from receipt of the invoice applies. Payment is only considered timely if we can dispose of the payment on the due date.
In the event of default in payment, CID will charge the statutory default interest according to Section 456 UGB at a rate of 9.2 percentage points above the base interest rate applicable for the respective half-year. For invoices that are more than 30 days overdue, CID is entitled to stop further work until full payment is made. Payments can only be made by bank transfer.
In the event of default in payment, CID is entitled to demand the flat-rate compensation for collection costs in the amount of EUR 40.00 according to Section 458 UGB as well as any necessary and appropriate legal pursuit costs exceeding this (including collection and attorney fees), provided the legal requirements are met. Discounts and bonuses can only be granted in the event of timely and full payment.
Prohibition of Set-off and Retention: Set-off against counterclaims of the client is excluded unless the counterclaim has been recognized by CID in writing or has been legally established by a court. A right of retention of the client only exists based on counterclaims from the same contractual relationship.
8. Drawings / Visualizations
The drawings/visualizations and the like from CID are conceptual in nature and are intended to represent CID’s intent; they may not be used for architectural or engineering purposes, installations, renovations, and the like. CID’s services do not include changes to structural systems such as radiators, fireplaces, air conditioning systems/units, plumbing, electrical connections, or ventilation. CID shall be held harmless for relying on the accuracy of the information provided by the client. Project drawings and documents may not be used by the client for purposes other than the completion of the project by CID, as specified in the agreement.
Copyright and Usage Rights: All copyright rights to the plans, sketches, drawings, concepts, and other works created by CID remain with CID. Upon full payment of the fee, the client only acquires the non-exclusive, non-transferable right to use these documents for the agreed project at the agreed location. Any transfer to third parties, reproduction, processing, or publication beyond this requires the express written consent of CID. All documents remain under retention of title until full payment is made.
9. Contractors and Consultants
CID is not a general contractor and does not provide services other than those mentioned above. If the project requires work based on CID’s concepts, the client shall enter into a contract directly with each contractor (implementing companies) or consultant. CID assumes no guarantee, warranty, or responsibility for the performance, quality, or timely completion of work or materials executed or installed by executing companies or their representatives or employees. CID works with the commissioned companies and can accompany them at the client’s request for the purpose of general conformity with the design plan, but is not responsible for their supervision.
10. Photographs Publicity
CID is entitled to photograph the project for documentation purposes. Publication or use of project photos for the website, social media, marketing, advertising, press, or other business purposes will only take place insofar as no rights of the client, rights of third parties, personal data, or business and trade secrets are violated or the necessary consents are obtained. The name and address of the client will not be published without express consent.
11. Offer and Project Documents
All offer and project documents (including plans, sketches, and drawings) may not be reproduced or made accessible to third parties without CID’s consent. Upon request, they must be returned to us immediately.
12. Termination
CID or the client may terminate the agreement in accordance with the statutory provisions and the individual contractual agreements. The client must remunerate services rendered up to that point as well as incurred and agreed expenses. Further claims by CID, in particular according to Section 1168 ABGB, remain unaffected.
The contractual partners undertake to engage in fair, objective communication even after termination of the contract. Unobjective, disparaging, or defamatory statements about the other party—especially on social media and online review portals—must be avoided.
Both sides agree to a project process that is as swift as possible. Should this not be possible, the business partners shall inform each other in good time. If the client fails to provide the cooperation required for the provision of services—in particular a decision, approval, provision of information, or commissioning of required professionals—CID is entitled to set a reasonable grace period for cooperation. After the fruitless expiration of this period, CID may suspend the service or proceed in accordance with Section 1168 ABGB and other statutory provisions.
13. Liability
Exclusion of Liability for Slight Negligence: CID’s liability for damages resulting from slight negligence is excluded—with the exception of personal injury.
CID cannot be held responsible for delays in the completion of the project and/or any associated costs if the reasons lie outside CID’s sphere of influence. The client shall check all of CID’s proposals carefully before they are implemented. The final decision and thus ultimate responsibility regarding all design services lies with the client in any case.
When ordering furniture, consumer goods, or the like, especially if these were recommended by CID, there is no claim to warranty or damages against CID in the event that the client does not like the piece of furniture or consumer good upon receipt, despite having received an image (e.g., from the dealer’s website) or having viewed the piece of furniture in a showroom. The client is solely responsible for the accuracy of the order and its usability in the respective room. A verifying measurement of the on-site dimensions must be carried out expressly by the client.
Claims for damages for whatever legal reason, in particular due to delay, impossibility of performance, fault at the time of conclusion of the contract, consequential damage, defects, or due to incorrect advice and information, are excluded unless they are based on intent or gross negligence on the part of CID. CID is only liable for damages in the event of intent or gross negligence. The amount of any damages is limited to the amount of the fee agreed for the respective project. This limitation of liability also applies to vicarious agents.
Exclusion of Certain Types of Damage: Liability for lost profits, indirect damages, consequential financial losses, pure financial losses, and damages from third-party claims is excluded even in the case of gross negligence.
Shortened Statute of Limitations: Claims for damages against CID expire—as far as legally permissible—within 6 months of knowledge of the damage and the damaging party, but at the latest within 2 years after the provision of the respective service.
No warranty and/or damage claims can be asserted by the client against aesthetic performance results, planning results, and recommendations by CID.
14. Accuracy of Measurements and Statutory Provisions
CID assumes no responsibility for the accuracy of measurements, dimensions, or qualities of the recommended furniture, furnishings, or the like. In particular, this also refers to statutory provisions, e.g., regarding fire protection, occupational health guidelines, or employee protection. For commercially used premises (e.g., accommodation facilities, office buildings, sales areas, restaurants), the responsibility for compliance with all official, building law, trade law, and occupational safety regulations lies exclusively with the client or the specialist planners consulted by them. No warranty or damage claim can be asserted against CID, either directly or indirectly. The client is obliged to independently check and confirm CID’s proposals before implementation.
Since many furnishings procured and delivered for the client via suppliers according to their order are handmade and/or artistic products, deviations from sample templates are possible. Such deviations are not to be treated by the client as a notice of defect or warranty claim if the function of the piece of furniture/furnishing is fulfilled.
15. Delay in Performance
In the event of a delay for which we are responsible, the contractual partner is entitled to withdraw from the contract, provided that they set a reasonable grace period for the provision of the service in writing after the delay has occurred and simultaneously threaten to withdraw from the contract after the grace period has expired. The grace period is reasonable if it is not less than 4 weeks. A delay with minor or insignificant (partial) services does not entitle the partner to withdrawal.
In the event of a delay for which we are responsible and the justified withdrawal of the contractual partner, the latter only has a claim for damages if we or our vicarious agents caused the delay intentionally or through gross negligence. In the case of gross negligence, liability for damages caused by delay is limited to 1% of the value of the delayed service per started week of delay, but no more than 10% of the value of that part of the service that was not delivered on time. Any further claim for damages is excluded.
In the event of operational disruptions for which we are not responsible, or those of our suppliers, elementary events, pandemics, official measures, energy or supply shortages, strikes, and other circumstances for which we are not responsible or which are unforeseeable (force majeure), we are entitled to extend the delivery period or to withdraw from the contract in whole or in part, to the exclusion of all warranty, error contestation, and damage claims. This also applies if we were already in default at that time. Withdrawal can also be expressly declared with regard to a part of the service that is still outstanding.
In any case, in the event of a withdrawal, we are entitled to invoice for services or partial services already rendered in accordance with the contract and to demand payment.
16. Warranty and Notice of Defects
The warranty is primarily provided through improvement or replacement of the service (at our choice) within a reasonable period. If improvement or replacement is not possible or involves disproportionate effort, a reasonable price reduction must be granted. The warranty period is 6 months from handover or acceptance of the service.
Notice of defects according to Section 377 UGB analogously: The client must check the services transmitted by CID—in particular, but not limited to, mood boards (inspiration and material mood boards), furnishing concepts (also in the form of AutoCAD plans / .dwg files or other electronic formats), material and furniture lists, lighting concepts, and other concept and planning documents—immediately after receipt and report identified defects—in particular incompleteness, obvious dimensional deviations, errors in quantities, designations, or specifications—to CID in writing immediately, but at the latest within 14 days of receipt. Hidden defects must also be reported in writing within 14 days of their discovery. If the timely and written notification is not made, the respective service is deemed approved; the client cannot assert any warranty, damage (due to the defect itself), or error claims in this regard.
Damages instead of performance as well as the right to rescission are excluded, provided that improvement or replacement is possible and reasonable.
17. Confidentiality
Both contractual partners undertake to keep secret all confidential information, business and trade secrets, concepts, plans, prices, conditions, and project-related data received or obtained within the framework of the business relationship and to use them exclusively for the fulfillment of the contract. This obligation continues for a period of 3 years after the end of the business relationship. Information that is public knowledge, becomes public knowledge through no fault of the recipient, or must be disclosed due to a legal or official order is excluded.
18. Consent to the Issuance of Electronic Invoices
By placing an order, the client agrees that invoices, order confirmations, offers, business communication, etc., will be issued and sent in electronic format (PDF within the meaning of Section 11 Para 2 of the Austrian Value Added Tax Act (UStG)). This replaces the corresponding postal delivery. The issuance of a paper invoice, a paper offer, or a paper order confirmation will then only take place upon express request. Delivery of the electronic invoice is by email. The client shall provide CID with an email address at the beginning of the business relationship and keep CID informed of any changes in this regard. The client must ensure that the receiving devices and transmitted contact addresses are functional with all storage, reception, response, and printing options. Filter programs and firewalls must be set so that the receipt of invoices is not blocked. All technical difficulties and consequences that hinder the receipt of invoices are at the expense of the client. Automatic responses from the contact addresses provided by the client regarding the absence of the recipient do not prevent the legally effective delivery of the electronic invoice.
19. Communication
Communication takes place in person, by telephone, or by email. WhatsApp can serve as business communication by agreement, but not when using self-deleting messages. Instagram, Facebook, Facebook Messenger, and similar services are not considered business communication for relevant content.
20. Data Protection
The processing of personal data takes place within the framework of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). CID’s privacy policy is available on the website or will be provided upon request. If data processing within the meaning of Art 28 GDPR is required as part of order processing, the contractual partners will conclude a separate data processing agreement.
21. Written Form / Changes
Changes and additions to these T or the individual contract require the written form to be effective. This also applies to the waiver or amendment of the written form requirement itself. Transmission by email also satisfies the written form requirement.
22. Final Provisions
The place of performance is our registered office in Vienna. Should provisions of these T be legally ineffective, invalid, and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the legally ineffective, invalid, and/or void provision shall be replaced by one that is legally effective and valid and corresponds as closely as possible to the replaced provision in its economic effect.
For all disputes, including those regarding the existence or non-existence of a contractual relationship with us, the exclusive jurisdiction of the competent ordinary court in 1030 Vienna is agreed.
The application of Austrian law—to the exclusion of the referral norms of international private law (e.g., IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods (CISG)—is expressly agreed between the contractual partners.