Terms & conditions were last updated on January 17, 2022

Legal notice
Information obligation according to §5 e-commerce law, §14 company code, §63 trade regulations and disclosure obligation according to §25 media law.

LX Design Studio e.U.
Lobna Elgheriani
Wiesenauergasse 11
8053, Graz, Austria

Purpose of the company:
Creation of architectural models and models for everyday objects of all kinds, provided these are for illustrative purposes only
Creation of final drawings based on plans of authorized persons (drafting office)

UID number: ATU77733035
Phone: +43 660 187 6008
Email: office@lxdesignstudio.co
GISA number: 34508046
Company registration number: FN 573522s
District court: Landesgericht für Zivilrechtssachen Graz
Legal form: Sole proprietorship
Scope: Design Agentur
State of award: Austria

EU Dispute Settlement
In accordance with the regulation on online dispute resolution in consumer matters (ODR regulation), we would like to inform you about the online dispute resolution platform (OS platform).
Consumers have the option of submitting complaints to the European Commission’s online dispute resolution platform at https://ec.europa.eu/ You will find the necessary contact details above in our imprint. However, we would like to point out that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

1. Validity & conditions of contract

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

1.1 Terms and Conditions (T&C). These apply to all legal relationships between the agency and the customer, even if no express reference is made to them.

1.2 The version valid at the time the contract is concluded is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.

1.3 Any terms and conditions of the customer, even if known, are not accepted unless otherwise expressly agreed in writing in individual cases. The agency expressly contradicts the customer’s terms and conditions. Another objection to The agency does not require the customer’s general terms and conditions.

1.4 Changes to the T&C will be announced to the customer and are deemed to have been agreed if the customer does not object to the changed T&C in writing within 14 days; the customer shall expressly state the meaning of the silence in the communication pointed out.

1.5 Should individual provisions of these General Terms and Conditions be ineffective, this shall affect the binding nature of the remaining provisions and those below contracts concluded on their basis. The invalid provision is through to replace an effective one that comes closest to the meaning and purpose.

1.6 The agency’s offers are subject to change and non-binding.

2. Protection of concepts and ideas

If the potential customer has already invited the agency in advance to create a concept and the agency
accepts this invitation before the conclusion of the main contract, the following regulation applies:

2.1 The potential customer and the agency enter into a contractual relationship (“pitching contract”) with the invitation and the acceptance of the invitation by the agency. This contract is also based on the General Terms and Conditions.

2.2 The potential customer acknowledges that the agency already provides cost-intensive advance services with the concept development, although he himself has no performance obligations take over.

2.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach work height. Potential customers are already aware of the use and processing of these parts without the consent of the agency

not permitted due to copyright law.

2.4 The potential customer undertakes to refrain from using these creative advertising ideas presented by the agency as part of the concept outside of the corrective of a commercial use or to have used or to use or to have used the main contract to be concluded later.

2.5 The agency retains the right to showcase and publish the completed works of projects, one year after their completion/submission date, without requiring explicit consent from the client. In the absence of the aforementioned timeframe, written consent from the customer is necessary for any online publication or display of the work..

2.6 The customer can withdraw from his obligations under this point by paying reasonable compensation plus 20% sales tax. The exemption only occurs after full payment of the compensation has been received by the

agency one.

3. Scope of services, order processing and cooperation obligations of the customer

3.1 The scope of the services to be provided results from the service description in the agency contract or any order confirmation by the agency, as well as any briefing protocol (“offer documents”). Subsequent changes to the service content require written confirmation from the agency. Within the framework specified by the customer, the agency has freedom of design when fulfilling the order.

3.2 All services of the agency (in particular all preliminary drafts, sketches, final artwork, proofs, blueprints, copies, color prints and electronic files) are to be checked by the customer and by him within three working days of receipt by the customer

to release. If they are not released in good time, they are deemed to have been approved by the customer.

3.3 The customer shall provide the agency with all information and in a timely manner. Making documents that are necessary for the provision of the service accessible. He will inform them of all circumstances necessary for the execution of the order

are important, even if they are only known during the execution of the order will. The customer bears the expenses that arise from the fact that work is carried out as a result of his incorrect, incomplete or subsequently changed information from the agency need to be repeated or delayed.

3.4 The customer is also obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of rights are third parties and therefore for the intended purpose can be used. The agency is not liable in the case of slight negligence or after fulfilling its duty to warn – at least in the internal relationship with the customer – for a violation of such rights of third parties through the documents made available. If the agency is sued by a third party for such an infringement, the customer shall indemnify and hold the agency harmless; he has to compensate her for all disadvantages that arise from claims by third parties, in particular the costs appropriate legal representation. The customer undertakes to support the agency in defending against any claims by third parties. The customer shall make all documents available to the agency without being asked.

4. External services / commissioning third parties

4.1 The agency is entitled, at its own discretion, to perform the service itself, to use expert third parties
as vicarious agents for the provision of contractual services and/or to substitute such services (“external services”).

4.2 The commissioning of third parties in the context of an external service is carried out either in their own name or in the name of the customer. The agency will use these third parties carefully and make sure that they have the required professional qualifications.

4.3 If the agency commissions necessary or agreed external services, the respective contractors are not vicarious agents of the agency.

4.4 The customer has to enter into obligations towards third parties that go beyond the contract period. This also applies expressly in the event of termination of the agency contract for good cause.

5. Deadlines

5.1 Unless expressly agreed as binding, specified delivery or service deadlines are only approximate and non-binding. Binding appointments are to be recorded in writing or confirmed in writing by the agency.

5.2 If the agency’s delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted with reasonable means, the performance obligations are suspended for the duration and to the extent of the obstacle and the deadlines accordingly. If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract.

5.3 If the agency is in default, the customer can only withdraw from the contract after he has given the agency a reasonable grace period of at least 14 days in writing and this has expired without result. Customer claims for damages due to non-performance or default are excluded, except in the case of proof of intent or gross negligence.

6. Premature Dissolution

6.1 The agency is entitled to terminate the contract for important reasons with immediate effect. An important reason exists in particular if:

a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days;

b) the customer continues to violate essential obligations under this contract, such as payment of an amount that has become due or obligations to cooperate, despite a written warning with a grace period of 14 days.

c) there are legitimate concerns about the creditworthiness of the customer and the customer does not make any advance payments at the request of the agency nor do any payments before the agency provides a service

provides suitable security;

6.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if the agency continues to violate essential provisions of this contract, despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract. The customer is entitled to pay the agency a compensation for the works conducted during the period before the termination request was expressed. The compensation shall be agreed upon in written and communicated to the customer.

7. Fees

7.1 Unless otherwise agreed, the agency’s fee claim arises for each individual service as soon as it has been rendered. The agency is entitled to cover to demand advance payments for their expenses. From an order volume of one budget of 3000 euros, or those that extend over a longer period of time the agency is entitled to issue interim invoices or advance invoices or retrieve payments on account.

7.2 The fee is a net fee plus VAT at the statutory rate. In the absence of an agreement in individual cases, the agency is responsible for the services rendered and the transfer of copyright and trademark rights of use Fee at the usual market rate.

7.3 All agency services not expressly covered by the agreed fee are compensated will be remunerated separately. All out-of-pocket expenses incurred by the Agency are to be replaced by the customer.

7.4 Cost estimates from the agency are non-binding. When it is foreseeable that the actual costs exceed those estimated in writing by the Agency by more than 15%, the agency will point out the higher costs to the customer. The cost overruns are deemed to have been approved by the customer if the customer does not respond within three working days after this notice in writing and at the same time more cost-effective announced alternatives. If it is a cost overrun of up to 15%, a separate agreement not required. This estimate overrun applies approved by the customer from the outset.

7.5 The agency is entitled to the agreed fee for all work by the agency that is not carried out by the customer for whatever reason.

The crediting provision of § 1168 ABGB is excluded. By paying the fee, the customer does not acquire any rights of use for work already performed; Concepts, drafts and other documents that have not been implemented are to be returned to the agency immediately.

8. Payment

8.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This also applies to the recharging of all cash expenses and other expenses. The goods delivered by the agency remain the property of the agency until the fee has been paid in full, including all ancillary obligations.

8.2 If the customer is in default of payment, the statutory interest on arrears shall apply at the rate applicable to entrepreneurial transactions. Furthermore, the customer undertakes in the event default of payment, to reimburse the agency for the resulting reminder and collection charges, insofar as they are necessary for appropriate legal prosecution. this includes

in any case, the costs of two reminder letters in the usual market amount of currently at least € 100.00 per reminder as well as a reminder letter from a person commissioned with the collection attorney. The assertion of further rights and claims remains unaffected.

8.3 If the customer defaults in payment, the agency can demand immediate payment of all services and partial services rendered as part of other contracts concluded with the customer.

8.4 Furthermore, the agency is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay the fee remains unaffected.

8.5 If payment in installments has been agreed, the agency reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or ancillary claims (loss of deadline).

8.6 The customer is not entitled to offset his own claims against the agency’s claims, unless the customer’s claim has been recognized in writing by the agency or has been determined by a court.

9. Ownership and Copyright

9.1 All services provided by the agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, remain the property of the agency, as do the individual work pieces and original drafts and can be reclaimed by the agency at any time – especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. However, unless otherwise agreed, the customer may only use the agency’s services in Austria. The acquisition of rights of use and exploitation of the agency’s services requires full payment of the fees charged by the agency. If the customer uses the agency’s services before this point in time, this use is based on a loan relationship that can be revoked at any time

9.2 Changes or processing of the agency’s services, such as in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of the agency and – insofar as the services are protected by copyright – the author.

9.3 The agency’s consent is required for the use of agency services that go beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright. That’s what the agency stands for and the author to a separate appropriate remuneration.

9.4 The use of agency services or advertising material for which the agency has developed conceptual or design templates after the agency contract has expired also requires the consent of the agency, regardless of whether this service is protected by copyright or not.

9.5 For uses according to paragraph 9.4, the agency is entitled to the full agency remuneration agreed in the expired contract in the first year after the end of the contract. In the 2nd or 3rd year after the end of the contract, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no agency fee is payable.

9.6 The customer is liable to the agency for any unlawful use in double the amount of the appropriate fee for this use.

10. Labeling

10.1 The agency is entitled to use all advertising material and all services provided measures to refer to the agency and possibly to the author, without the customer being entitled to a fee for this. If the customer wishes to keep the provided services work by the agency discreet by means, the agency cannot publish online or in printed form the submitted services work; a written request must be provided by the customer to the agency. This request must signed by the agency to be legally valid.

10.2 Subject to the written revocation of the customer, which is possible at any time, the agency is entitled to refer to the existing or former business relationship with the customer on its own advertising media and in particular on its website with the name and company logo (reference note).

11. Warranty

11.1 The customer must report any defects immediately, in any case within eight days after delivery/service by the agency, hidden defects within eight days after detection of the same, in writing with a description of the defect; otherwise the service is deemed to have been approved. In this case, the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded.

11.2 In the event of a justified and timely notice of defects, the customer has the right to have the delivery/service improved or replaced by the agency. The agency will rectify the defects within a reasonable period of time, whereby the customer enables the agency to take all measures necessary for the investigation and rectification of defects. The agency is entitled to
refuse to improve the service if this is impossible or involves a disproportionate amount of effort for the agency. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is up to the customer to transmit the defective (physical) item at his own expense.

11.3 It is also the client’s responsibility to check the service for its legal admissibility, in particular with regard to competition, trademark, copyright and administrative law. The agency is only obliged to carry out a rough check of legal admissibility. In the event of slight negligence or after fulfilling any duty to warn the customer, the agency is not liable for the legal admissibility of content if this was specified or approved by the customer.

11.4 The warranty period is six months from delivery/service. The right of recourse against the agency according to § 933b paragraph 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption of § 924 ABGB is excluded.

12. Warranties And Liability

12.1 In cases of slight negligence, the agency and its employees, contractors or other vicarious agents (“people”) are not liable for property damage or financial loss of the customer, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to Default, impossibility, positive breach of contract, fault at the time of conclusion of the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. Insofar as the liability of the agency is excluded or limited, this also applies to the personal liability of its “people”.

12.2 Any liability of the agency for claims made against the customer on the basis of the service provided by the agency (e.g. advertising campaign) is expressly excluded if the agency has fulfilled its obligation to inform or if such was not recognizable to it, with slight negligence no harm. In particular, the agency is not liable for legal costs, the customer’s own legal fees or costs for the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer must indemnify and hold harmless the agency in this regard.

12.3 Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

this website or our products or services will meet your requirements;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

12.4 The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

12.5 Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12.6 You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

13. Electronic Communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

14. Intellectual Property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

14.1 All the rights are reserved unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

15. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

16. Affiliate Marketing

Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

17. Third-Party Property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

18. Responsible Use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

19. Privacy

19.1 To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have.

19.2 The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card data, UID number ) for the purpose of fulfilling the contract and supporting the customer as well as for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer (reference note). identified, stored and processed. The client agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent can be revoked at any time in writing by e-mail or letter to the contact details given at the top of the General Terms and Conditions.

For more information, please see our Privacy Statement and our Cookie Policy.

20. Legal Compliance And Jurisdiction

The contract and all mutual rights and obligations derived from it as well as claims between the agency and the customer are subject to Austrian substantive law to the exclusion of its reference standards and to the exclusion of the UN Sales Convention.

These Terms and Conditions shall be governed by the laws of Austria. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Austria. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

21. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

22. Breaches Of These Terms And Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

23. Force Majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

24. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

25. Language

These Terms and Conditions will be interpreted and construed exclusively in English and machine translated in German. All notices and correspondence will be written exclusively in the English language.

26. Entire Agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and LX Design Studio e.U. in relation to your use of the agency’s services.

27. Contact Information

This company/website is owned and operated by LX Design Studio e.U. Lobna Elgheriani.

You may contact us regarding these Terms and Conditions through our contact page.

28. Download

You can also download our Terms and Conditions as a PDF.