1.1 These general terms and conditions apply to all services provided by Östensson’s interior design studio AB, 559141-3082, (hereinafter “Östensson’s”, “we”, “us” or “our”) unless otherwise agreed in writing regarding the individual assignment.
2. Scope of services, agreed fees etc.
We provide services based on the circumstances, facts and instructions provided by the client to us in the individual assignment. For complete interior assignments, we take the necessary purchases from third parties within the scope of the assignment.
For the assignment, agreed remuneration is paid. With variable remuneration, a budget can be established. Unless otherwise agreed, for alteration and supplementary work remuneration on an ongoing account and compensation for costs attributable to these works are normally paid. Compensation is normally paid for travel and accommodation costs within the scope of the assignment.
The scope of the assignment is determined by the main agreement and these general terms and conditions. If the documents contradict each other, the main agreement shall take precedence.
The Parties shall keep each other informed of matters which may be assumed to be of significance to the assignment.
Östenssons shall notify the client of the need for work that is not part of the assignment or the need for new or amended directives. If the client makes demands on work that we consider to be outside the assignment, we must notify the client before such work begins.
Östenssons shall, at the request of the client, draw up proposals for the timetable which, after the agreement, shall apply to the assignment. The client must provide supporting documents for the proposal.
The assignment is, unless otherwise agreed, completed when the assignment result is reported in the manner agreed by the parties.
Invoicing may, on the basis of the nature of the assignment, take place continuously during the course of the case or in connection with the conclusion of a case.
Our invoices normally fall due for payment 14 days after the invoice date and are issued to you, in your capacity as client. In the event of non-payment, interest is charged on outstanding amounts in accordance with applicable law from the due date until the payment is received.
4. Retention entitled
Ordered goods constitute Östensson’s property until full payment has been paid.
5. Examination of the goods
When a product has been delivered, the customer shall immediately examine it. If errors are found, the customer must immediately notify Östenssons. If the notification does not occur, the customer is then not entitled to claim for the mistake.
6. Product and complaint errors
We are obliged, in accordance with the provisions below, to rectify errors regarding delivered goods.
The customer can not claim that the goods are faulty, unless he leaves Östensson’s notice of the error within 10 days after he noticed or should have noticed the error (complaint), but no later than twelve months after the customer received the goods.
We are not responsible for errors due to the client or material provided by the client or to the prescribed or specified design. We are not responsible for errors that occur as a result of inadequate maintenance, normal wear and tear or normal deterioration. The customer cannot claim that a certain item does not fit in or in any other way look different from what the customer expected for a certain overall picture, if the product itself is in accordance with what was presented by Östenssons.
The customer is aware that certain goods can be designed only for the performance of the service and that certain goods are specially adapted for the customer. The customer cannot cancel a purchase of such goods.
The client is entitled to compensation from Östensson’s for damage caused by us through gross negligence. The client shall, as far as possible, take measures to limit the extent of the damage. Östenssons liability is limited to twice the compensation for the assignment or, where applicable, the amount of insurance coverage. In the event of a fault, Östenssons should be given the opportunity to remedy the error or make a re-delivery (according to Östensson’s choice) and only if the error is not rectified can the customer demand other penalties such as price reduction or cancellation of the purchase.
8. Intellectual property rights
The assignment does not include any transfer of copyright or other intellectual property rights. This means that Östenssons retains the copyright to all material and everything that has been designed, for example a product / interior detail designed within the scope of the assignment.
Östenssons reserves the right to document / photograph its work results and to use such material for marketing purposes or as reference material to new or potential customers.
The following circumstances constitute grounds for exemption if they result in the assignment being impeded or unduly burdensome: labor conflict / strike and any other circumstances which the parties cannot control, such as fire, natural disasters and extreme natural events, war, mobilization or military summons of equivalent scope, seizures, trade and currency restrictions, riots and riots, scarcity of means of transport, general scarcity of goods, restrictions on the supply of power and errors or delays in deliveries, caused by such grounds for exemption. The above-mentioned circumstances constitute grounds for exemption only if their impact on the assignment could not be foreseen when an agreement on the assignment was concluded.
10. Termination of the Agreement
You may terminate the agreement in writing at any time in accordance with the 45 days notice period, unless otherwise specified in the main agreement.
10.2 Either party has the right to terminate the agreement immediately with full termination if the counterparty has gone into bankruptcy, initiates bargaining, is subject to corporate restructuring or is otherwise in default.
At the termination of the agreement, we have the right to receive paymennt for work and costs that have incurred in the assignment until the termination thereof.
11. Personal data and communication
Östenssons is personal data responsible for personal data submitted in connection with assignments. The personal data is processed by us for the fulfillment of assignments, for administration and for being able to fulfill our obligations according to law. For further information on our processing of personal data, see specially prepared document “Information on Östensson’s policy for processing personal data”. If you have any questions about our personal data processing, you are welcome to contact us.
We can communicate with you in a number of ways, including via the Internet and e-mail. They are effective means of communication, but can also involve risks from a security and privacy perspective. Should you prefer that we refrain from communicating with you via the internet or e-mail, please notify us.
12. Complaints and claims
Our ambition is that you should be satisfied with our services. We want to make sure that you are satisfied and that the work we do meets your expectations. If for any reason you are dissatisfied or have a complaint, please contact us as soon as possible. At your request, we will investigate your complaint and try to answer any questions you may have.
13. Applicable law and dispute resolution
These general terms and conditions and the main agreement and any disputes arising regarding our assignment for you are governed by and interpreted in accordance with Swedish law.
Disputes or claims arising from or relating to these terms or the main agreement and our assignment for you shall be finally decided by the Swedish court, with Umeå District Court as the first instance.