Mrs. Astrid Vangenechten – in the following referred to as provider – operates the online platform “brushedandgilded.com” – in the following referred to as “portal” – under the company name “brushedandgilded” as sole proprietor. brushedandgilded supports private persons and companies – in the following referred to as “Customers” – as service provider in planning, selection and Layout of their interior design. The platform helps to specify the customer’s wishes via a lean digital process involving the internationally leading interior design platform designfiles.co. The actual service of creating an interior design proposal – hereinafter referred to as “Roomlayout” – is carried out by Ms. Vangenechten and transmitted via the portal. Ms. Vangenechten is independent of all interior design providers and does not receive any commission for the selection of specific items. She also does not participate in affiliate systems.
1. Scope of application
1.1 The following terms and conditions apply to the use of the portal, including all content, functions and services provided via the portal itself, as well as the conclusion of all contracts for services sold via the portal by consumers and entrepreneurs.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
1.4 The scope of functions of the designfiles.co site used for the transmission of the service shall be subject to the Terms and Conditions of Use of that site. Insofar as the conclusion of a separate contract is offered there, it shall be concluded exclusively with the local provider.
2. Use, rights and obligations
2.1 A registration of the customer for use is required. The usage data must be kept secret and not be passed on to third parties.
On www.designfiles.co, the customer then enters data in a corresponding mask regarding the dimensions of the room, floor condition, ceiling height, other architectural details, etc., and submits meaningful photographs of the room, which include all room components; the customer is solely responsible for submitting the relevant data, in particular, the data will not be verified using the transmitted photographs. Subsequently, the customer will receive an email from the provider based on his details with a contract offer including payment terms and date of fulfillment; the only payment methods available to the customer are bank transfer. The contract is then binding by signed return of the contract offer to the provider (a separate order confirmation is not made). The return can also take place exclusively digitally (by email attachment) and is preferred in this way.
2.3 The service in the form of the (first) individual furnishing suggestion including links to the products suggested for the furnishing (Shopping List), the room layout – is then provided to the Customer by the Provider via an individual deep link to the website www.designfiles.co. Depending on the service package selection/offer, the Customer can then request 0-2 times to submit a free alternative room layout (Change Request) and/or further individualize the room layout in the course of personal consultations/correspondence.
2.4 The object of the Provider’s service is exclusively the consultation regarding the selection and placement of the furnishings. The items suggested by the Provider can be purchased by the Customer by means of a separate purchase agreement from the respective provider of the furnishings named in the room layout. The Provider is not liable for breaches of duty in the contractual relationship between the furnishing provider and the customer. The customer is responsible for the purchase and installation/placement of the items according to the room layout.
2.5 The Provider has the right to block a customer without prior notice if there are grounds to suspect that the customer is misusing the data portal and the data contained therein.
2.6 The use of the portal is available to the customer within the scope of server availability. There is no obligation on the part of the provider to make the portal permanently available. The provider points out that there may be temporary restrictions or impairments of the portal, especially due to technical faults, system overloads or maintenance measures. This may also affect the presentation of the content on the customer’s systems.
3. Right of withdrawal for consumers
3.1 If you are a consumer (i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Astrid Vangenechten, Julius-Leber-Strasse 14E, 48151 Münster, firstname.lastname@example.org) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the revocation form linked here, but this is not mandatory.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
To Astrid Vangenechten, Julius-Leber-Strasse 14E, 48151 Münster, email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: Roomlayout
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation with respect to this Agreement compared to the total amount of services provided under the Agreement.
End of the right of withdrawal
3.2 Exclusion of the right of revocation: A right of revocation does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of such services (§312 g (2) No. 9 BGB).
4.1 The provider is responsible for its own content in accordance with general laws. These own contents may have to be distinguished from links to contents provided by other providers. The provider assumes no responsibility for third-party content that is made available for use via links and is specially marked as such and does not make its content its own. For illegal, incorrect or incomplete contents as well as for damages resulting from the use or non-use of the information, only the provider of the website to which reference is made is liable. The provider is only responsible for third-party content if she has positive knowledge of it, i.e. of possible illegal or criminal content, and it is technically possible and reasonable to prevent its use.
4.2 The content and works on these pages created by the provider are subject to German copyright law. The reproduction, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are not permitted. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.
5.1 The provider is not liable for unforeseeable damages, consequential damages caused by defects, other indirect damages and damages from lost profits in case of simple negligence.
5.2 In any case, the provider shall be liable without limitation under the Product Liability Act for damages caused intentionally or by gross negligence, for fraudulent concealment of defects, and for damages resulting from injury to life, body or health. The liability for damages resulting from a breach of a guarantee as well as for damages resulting from a breach of essential contractual obligations (so-called cardinal obligations) is also unlimited.
5.3 The aforementioned exclusions of liability also apply to the liability of the provider’s vicarious agents and assistants.
6. Final provisions
6.1 The law of the Bundes Republic of Germany shall apply.
6.2 The place of jurisdiction shall be Münster, Germany if the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The same shall apply if the visitor does not have a registered office or usual place of residence in the Bundes Republic of Germany at the time the action is filed. Otherwise, the legal place of jurisdiction shall apply.
6.4 The Terms and Conditions of Use may be amended and supplemented by the Provider if a valid reason requires such amendment. A valid reason is given in particular in the case of legal changes or a change in the highest court jurisdiction. If the Customer does not object to the amendment or supplement to the Terms and Conditions of Use within three weeks of becoming aware of them, consent shall be deemed to have been given. The Provider shall transmit the changes or amendments within a reasonable period of time and shall state the valid reasons. At the same time, it sets a deadline for explanation and draws the customer’s attention to the consequences of any reactions.
6.5 Consumers will be informed in accordance with Art. 14 of Regulation (EU) 524/2013 via the OS platform for online dispute resolution. The platform can be reached at http://ec.europa.eu/consumers/odr/ . The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.