TERMS AND CONDITIONS
Version: 15.07.2026
1) Scope of application
1.1 These Terms and Conditions (hereinafter "T&Cs") of
STUDIO SOUL COULEUR e.U.
Kärntner Ring 5-7, 1010 Vienna, Austria
Email: office@studiosoulcouleur.com
Telephone: +43 664 234 91 72
(hereinafter the "Seller"),
apply to all contracts for the delivery of goods and the provision of services concluded by a consumer or entrepreneur (hereinafter the "Customer") with the Seller in respect of the Seller's goods and services. Unless otherwise agreed in writing, only the Seller's T&Cs made known to the Customer shall apply. In particular, acts of performance by us shall not be deemed consent to contractual terms that deviate from our T&Cs.
A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. Stock corporations, limited liability companies, purchasing and business cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperative Societies (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product and service descriptions contained on the Seller's website do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
The Seller offers the following services:
Online interior design consulting
Digital products (packages, add-ons, freebies, subscriptions)
Physical products (art)
The precise scope of services is set out in the relevant service description on the website or in the individual offer.
2.2 The Customer may submit the offer via the order form integrated into the Seller's webshop. After configuring the selected goods or services and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods or services contained in the shopping cart by clicking the button that completes the ordering process. After receipt of the order, the Customer will receive a separate automated confirmation of receipt of the order(s). Such confirmation does not yet constitute acceptance of the offer. Entrepreneur customers may also place their order by email. Furthermore, the Customer may also submit the offer in person, by email or by post.
2.3 The Seller may accept the Customer's offer within three working days,
by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), in which case receipt of the order confirmation by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.
If both occur, the contract is concluded at the earlier point in time. The period for acceptance of the offer begins on the day after the Customer dispatches the offer and ends upon expiry of the third working day following dispatch of the offer. If the Seller does not accept the Customer's offer within the above period, this shall be deemed rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 Special requests by the Customer must be requested separately and require the Seller's express written confirmation in order to be valid. There is no entitlement to performance of special requests. The basis for the conclusion of a contract is an offer by the Seller or an order by the Customer in which the scope of services and the total price are recorded. Cost estimates are binding unless expressly marked as "non-binding" or "without guarantee". In the case of non-binding cost estimates, we reserve the right to make deviations, of which we will inform you without undue delay if a substantial excess becomes unavoidable (Section 1170a(2) ABGB).
The preparation of a cost estimate is generally free of charge. A fee will only be charged if preparation requires considerable effort due to special detailed planning, extensive calculations or inspections. In this case, you will be informed of the expected amount of the fee before work begins and asked for your consent.
If the Customer places an order, this constitutes a binding offer and the Seller may accept the offer in accordance with Clause 2.3.
2.5 The contract may be concluded exclusively in English.
2.6 Order processing and contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the Seller and a consumer that is concluded without the simultaneous physical presence of the Seller and the consumer, with means of distance communication (letters, internet, telephone) being used exclusively up to and including the conclusion of the contract.
3.2 Further information on the right of withdrawal is set out in the Seller's instructions on the right of withdrawal.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product and service description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The available payment methods are Google Pay, Apple Pay, Pay by Link, Visa, Mastercard, American Express, Discover, Diners Club International, JCB, UnionPay and Cartes Bancaires.
5) Delivery and shipping terms
5.1 Our offers are available to all Customers with a residence or registered office in a Member State of the European Union. Outside the EU, the Seller will also consider sale and delivery on special terms upon specific request.
We will inform you of the delivery periods before the order is placed. Production and delivery impediments attributable to force majeure, e.g. strikes, weather-related transport delays and official interventions, shall result in an appropriate extension of shipping periods and shipping dates. The same applies if the Customer is in default with obligations necessary for performance of the order (e.g. provision of information and documents by the Customer, etc.) or if other circumstances within the Customer's sphere make compliance with the dates impossible. This shall postpone the agreed date without prejudice to the Seller's right of withdrawal.
Goods shall be delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment if the Seller had announced the performance to the Customer a reasonable time in advance. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered performance. Furthermore, with regard to the costs of outward delivery, this shall not apply if the Customer validly exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of loss or damage to the sold goods passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or entrepreneur designated to carry out the shipment. If the Customer acts as a consumer, the risk of loss of or damage to the sold goods generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of loss of or damage to the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or entrepreneur designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or entrepreneur to carry out the shipment and the Seller had not previously named that person or entrepreneur to the Customer.
5.4 The Seller reserves the right, vis-à-vis Customers who are entrepreneurs, to withdraw from the contract in the event of incorrect or improper self-supply.
5.5 Delivery costs and delivery times for shipping physical products
Austria EUR 0.00 4 - 6 weeks
EU countries EUR 0.00 4 - 6 weeks
Non-EU countries in Europe on request
Worldwide: on request
6) Retention of title / rights
6.1 Vis-à-vis consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 Vis-à-vis entrepreneurs, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the Customer acts as an entrepreneur, the Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns in advance to the Seller all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the goods subject to retention of title are resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations towards the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
6.4 If, according to the content of the contract, the Seller owes goods or services according to specific requirements of the Customer, the Customer must provide the Seller with all content required for processing, such as text, images or graphics, in the file formats, formatting and image and file sizes specified by the Seller.
For personalised interior design concepts, the Customer undertakes to provide complete and correct information:
Correct room dimensions and floor plans
Accurate information on structural conditions (windows, doors, radiators, etc.)
Clear communication of wishes and requirements
6.5 Copyrights and other industrial property rights in all designs created, content provided, print graphics and interior design concepts shall remain exclusively with the Seller.
Unless otherwise stated in the content description on the Seller's website, the Seller grants the Customer a non-exclusive right, unlimited in terms of territory and time, to use the provided content exclusively for private purposes. The Customer acquires only a simple (non-exclusive) permission to use the work within the meaning of Section 24(1) of the Austrian Copyright Act for the non-commercial use of the acquired works.
Disclosure of the content to third parties or the creation of copies for third parties outside the scope of these T&Cs is not permitted unless the Seller has consented to the transfer of the contractual licence to the third party.
Where the contract relates to the one-time provision of digital content, the grant of rights only becomes effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content before that point in time. No transfer of rights takes place by virtue of such provisional permission.
All copyrights in the delivered print graphics and interior design concepts remain fully with the Seller. Copyright is not transferred.
In the case of quarterly subscriptions, the rights of use in all works received during the subscription term remain in place for private use even after the subscription has ended.
In every permitted use, the Seller must be named as the author.
The Seller is entitled to use personalised works for reference purposes (e.g. portfolio, social media), provided they do not contain sensitive data.
7) Warranty
7.1 The statutory warranty provisions apply.
7.2 If the Seller sells print graphics or concepts with customisation according to Customer specifications, the Customer's templates and specifications must be sent to the Customer as a preview, reviewed by the Customer and approved by the Customer no later than within 3 days of receipt by the Customer. If approval is not given in due time, they shall be deemed approved by the Customer. If the Customer waives the production of an approval sample (e.g. for scheduling reasons), the goods must be accepted as delivered.
True-to-original representations of prints are not possible for technical reasons. Submitted templates therefore constitute only assurances regarding design, quality, characteristics, suitability for a specific use, etc. The Seller gives no assurances and in particular provides no warranty
for exact placement and exact sizes of lettering on products;
for exact colour matching between templates and finished services.
A minor colour difference shall not constitute a defect, especially if templates were approved only in electronic form.
7.3 The Seller provides no warranty for durability or optimal execution of finishing or customisation (printing, adhesive application, manual customisation, etc.) on textiles and other goods provided by Customers. This is due to technical or product-related reasons and therefore does not give rise to any warranty or contractual liability if, during or after processing, it becomes apparent that the textile or goods provided by the Customer were not optimally suitable for finishing or customisation. Upon delivery, the textiles must be unpacked, counted and checked for completeness. They must be new, unworn and unwashed, as we do not print textiles that have already been washed or worn. In addition, the textiles must be suitable for textile printing. The Seller recommends keeping at least one backup textile of each size available in case something goes wrong during printing. Please note that every textile has different properties and can be printed with varying degrees of success, and that even individual items within one delivery may show different results. The Seller has experience with its own textiles and can process them optimally; however, the Seller is not familiar with textiles provided by Customers and can therefore print them only using standard settings.
7.4 The Seller is, however, subject to a duty to warn if the defect in the material, the unsuitability or an instruction by the Customer, or other circumstances within the Customer's sphere causing the failure of the work, should have been recognised by the entrepreneur. If the unsuitability of the material only becomes apparent in the course of the entrepreneur's work, the customer is to be warned only at that point. Within the scope of the duty to warn, the Seller is not obliged to conduct special inspections or examinations that are not otherwise customary. A merely slightly negligent breach of the duty to warn does not give rise to any warranty or damages claim by the Customer.
7.5 The interior design concepts contain individual design suggestions based on the information provided by the Customer. The concepts serve as planning assistance and creative inspiration.
The following services are expressly NOT part of the contract:
Construction planning, structural calculations or official permits
Detailed execution planning for tradespeople
Procurement of furniture or materials or brokerage of tradespeople
Support during implementation of the interior design concept
Guarantee of availability of suggested products in retail trade
Interior design concepts are creative design suggestions. Feasibility and the aesthetic result depend on various factors:
Individual perception of taste
Lighting conditions in the actual room
Availability of suggested products
Craftsmanship / execution by tradespeople
Deviations between the actual room conditions and the measurements provided
7.5 For interior design concepts provided as a subscription with quarterly deliveries, no updates are made to concepts already delivered. Each quarterly subscription constitutes a new, independent service.
The warranty is excluded for defects attributable to:
Improper use of the digital files by the Customer
Use of incompatible or outdated software
Alterations to the files by the Customer or third parties
Failure to observe the usage instructions
Incorrect or incomplete information provided by the Customer for personalised services
Failure to install provided updates
Damage to the files caused by viruses, malware or hardware errors on the Customer's side
7.6 The Seller is liable for ensuring that, in addition to the contractually agreed characteristics, the goods have the objectively required characteristics. This shall not apply insofar as, at the time the contract is concluded, the consumer expressly and separately consents to a deviation of a particular characteristic from the objectively required characteristics, which the consumer does by placing the order after being specifically informed of that deviation in the product description.
7.7 If the Customer acts as an entrepreneur, the following also applies:
An insignificant defect does not generally give rise to warranty claims,
The Seller has the choice of the type of defect remedy,
The limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
If the Customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 UGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
8) Liability
8.1 The Seller is liable without limitation in accordance with the statutory provisions for intent and gross negligence.
8.2 In the event of breach of ancillary obligations that do not constitute essential contractual obligations, the Seller is liable for slight negligence only in the case of personal injury (injury to life, limb or health). For property damage and financial loss arising from breach of ancillary obligations, the Seller is liable only in cases of intent and gross negligence.
Essential contractual obligations (primary performance obligations) include in particular:
Provision of the acquired print graphics and interior design concepts in the agreed quality
Compliance with the agreed delivery periods
Granting of the agreed rights of use
8.3 These liability provisions apply accordingly to personal fault on the part of the Seller's legal representatives, employees and other vicarious agents.
Liability for personal injury remains unaffected by any limitation.
Further statutory liability claims (in particular under the Product Liability Act) remain unaffected.
9) Special conditions for finishing or processing (e.g. printing) of goods
9.1 If, according to the content of the contract, the Seller owes not only delivery of the goods but also processing of the goods (e.g. printing) according to specific requirements of the Customer, the Customer must provide the Seller with all content required for processing, such as text, images or graphics, in the file formats, formatting and image and file sizes specified by the Seller, and must grant the Seller the rights of use required for this purpose. The Customer alone is responsible for procuring and acquiring rights in this content. The Customer declares and assumes responsibility that the Customer has the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personality rights. If the content to be provided by the Customer is provided too late or not at all, the Seller may, at the Seller's option, withdraw from the contract or extend the delivery period.
9.2 The Customer shall indemnify and hold the Seller harmless against claims by third parties that such third parties may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this regard, the Customer shall also bear the reasonable costs of necessary legal defence, including all court and lawyers' fees in the statutory amount.
9.3 In particular, the Customer irrevocably grants the Seller the right to publish the motif printed according to the Customer's specifications for reference and advertising purposes, in whatever form, in particular on the Seller's website, on social media, in print catalogues, etc.
9.4 The Seller reserves the right to reject processing orders. This applies in particular if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morals, or where anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content is provided.
9.5 Processing may also be carried out by subcontractors.
10) Special conditions for design recommendations
10.1 The Seller creates, among other things, floor plans and 2D renderings based on the measurements provided by the Customer. The Customer is obliged to independently verify all measurements before conclusion of the contract and to provide the Seller with correct information. The Seller is liable exclusively for the proper implementation of the measurements provided by the Customer.
The Seller is liable for damages in accordance with the statutory provisions. In cases of slight negligence, liability for property damage and financial loss is limited to the typically foreseeable damage. Liability for damage caused by intent and gross negligence remains unaffected.
The design recommendations and product information provided by the Seller (in particular prices, availability and specifications) are non-binding and are based on information from third parties. The Seller assumes no warranty for their up-to-dateness, completeness or subsequent changes by the respective providers.
10.2 The links contained in the design packages lead to external third-party websites. The Seller does not adopt their content as its own and assumes no responsibility for such content or for their functions, products or materials. However, the Seller is liable for intentional or grossly negligent linking to obviously unlawful content.
10.3 The Customer is solely responsible for implementing the design drafts and placing orders with retailers. The Seller does not become a party to the purchase contracts and assumes no liability for delivery, product quality or warranty.
Product information, images and descriptions on retailer websites originate from the respective providers; the Seller assumes no warranty for their accuracy.
The shopping list provided by the Seller contains product prices excluding shipping costs. These are charged separately by the respective retailer and must be borne by the Customer.
10.4 The Seller is released from the obligation to provide performance on time insofar as delays are due to force majeure (in particular natural disasters, war, epidemics or official interventions). In such case, the performance deadlines shall be extended accordingly. If the delay lasts longer than 60 days, both parties are entitled to withdraw from the contract.
10.5 The design packages for bathrooms and kitchens comprise only stylistic design (decoration and furnishing concepts). They do not include, in particular, sanitary planning, kitchen planning or technical installations (water, electrical, structural engineering). These services must be provided separately by appropriate specialist companies.
The design packages include the selection and compilation of furniture, decorative items and materials in accordance with the package booked. In particular, they do not include tradesperson services (e.g. painting work, laying/installation, electrical work), rug pads, light switches or varnishing/painting work, unless expressly agreed.
Prices for wallpaper, fabrics, floor coverings and paints are unit prices per unit and do not constitute a calculation of total requirements. Determining the quantities required is the responsibility of the Customer or the commissioned specialist company.
10.6 The stated budget includes only the purchase costs for furniture, decoration and materials. Costs for tradesperson services (in particular laying/installation, painting work, assembly and transport) must be considered separately.
10.7 Design concepts are sent by email within 4 to 6 weeks after conclusion of the contract and after full receipt of all required Customer documents (in particular floor plans, measurements, photos and preferences).
One free revision is possible if requests for changes are notified within 14 days of transmission and remain within the scope of the originally agreed specifications and the package booked (14-day design support phase). Any further or fundamental changes will in any event be charged separately according to effort.
11) Contract term and termination of subscription contracts
11.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer with effect from the end of any month.
11.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until expiry of a notice period.
11.3 Terminations may be made in writing, in text form (e.g. by email) or electronically via the termination facility made available by the Seller on the Seller's website (termination button).
12) Jurisdiction / applicable law
12.1. Austrian substantive law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with residence/habitual residence in the EU, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12.2. In relation to entrepreneurs, the court having subject-matter jurisdiction at the Seller's registered office is agreed as the exclusively competent court.
12.3. If the Customer is a consumer, proceedings against the Customer may only be brought before the court of the Customer's place of residence, and the Customer may sue the Seller either at the Seller's registered office or at the Customer's place of residence;