General Terms and Conditions

(1) These General Terms and Conditions (hereinafter "Terms") govern the contractual relationship between Viva Interiors K.G., Pestalozzigasse 4/Top E 2, 1010 Vienna, Austria, registered in the Commercial Register of the Vienna Commercial Court under FN 639636 t, VAT ID ATU81281916 (hereinafter "Viva Interiors" or "we") and persons using the services of Viva Interiors via the website viva-interiors.com (hereinafter "Website"; users referred to as "Customer" or "User").

(2) The Terms apply in the version in force at the time of contract conclusion. The current version is available at viva-interiors.com/en/agb.

(3) Conflicting, deviating or supplementary terms of the Customer shall become part of the contract only insofar as we have expressly agreed to their application in writing.

(4) These Terms apply equally to consumers within the meaning of § 1 (1) (2) KSchG and to entrepreneurs within the meaning of § 1 UGB. Provisions applicable exclusively to one of these groups are expressly marked.

(1) The contracting party for Customers is Viva Interiors K.G., legally represented by the personally liable partner (Komplementär) Dmytro Malyuta.

(2) Contracts may only be concluded with persons who have reached the age of 18 and are of full legal capacity. By registering and/or using the services, the Customer affirms that these requirements are met.

(3) We reserve the right to request proof of identity prior to contract conclusion (in particular for business customers: commercial register extract, VAT ID, authority of representation).

(4) All declarations are legally binding in German. Translations into Russian, English and Ukrainian serve information purposes only; in the event of substantive discrepancies, the German version shall prevail.

(1) Viva Interiors operates a curated brokerage platform for high-quality furniture, designer lighting, interior furnishings and materials from leading European manufacturers. Viva Interiors is not an online shop; the Website neither accepts direct orders nor processes payments.

(2) The services include in particular:

• (a) Catalogue access: Access to a curated database of over 14,000 brand catalogues with search functionality and AI-assisted visual search;
• (b) Brand materials: Access to current price lists (after verification of customer status), technical data sheets, 3D models for visualisations, installation instructions, as well as information on finishes, materials and colour options;
• (c) Consulting and project support: Personal consultation by our managers, preparation of offers (Proposals), coordination with manufacturers, technical clarification of custom orders;
• (d) Brokerage and execution: Placement of orders with manufacturers in the name and on behalf of the Customer or in our own name, coordination of logistics to the agreed delivery address.

(3) The scope of accessible services depends on the membership status of the Customer (see § 5).

(4) Viva Interiors acts as a broker or own-account reseller of the respective manufacturers. The products are manufactured by the producers according to their specifications, quality standards and delivery conditions. Viva Interiors is not the manufacturer of the brokered goods and assumes no manufacturer obligations to that extent.

(5) We strive for continuous availability of the Website; however, no claim to round-the-clock availability arises. Maintenance work, updates and outages for technical reasons may cause brief interruptions.

(1) Access to extended services requires registration via the Website. Registration is free of charge.

(2) The Customer undertakes to provide truthful, complete and current information during registration and to keep it updated.

(3) By registering, the Customer expressly declares consent to these Terms and to the Privacy Policy by ticking the corresponding checkbox. Without this confirmation, no registration is concluded. The confirmation is logged by us with timestamp.

(4) Registration is completed upon receipt of all required information by a confirmation e-mail to the address provided by the Customer (double-opt-in). The user account is activated by clicking on the confirmation link.

(5) The Customer is obliged to keep the access data of his user account confidential, protect them from unauthorised access and immediately report loss or suspicion of misuse to info@viva-interiors.com.

(6) Multiple registrations per natural person are not permitted. For business customers, one account may be used by multiple employees, with the Customer being responsible for the actions of all authorised persons.

(7) We reserve the right to refuse a registration without giving reasons or to suspend or delete an existing user account if:

• (a) the Customer violates these Terms or applicable law;
• (b) the Customer has provided false information;
• (c) there is suspicion of abuse or unauthorised use;
• (d) the account has been inactive for more than 12 months.

(8) The Customer may delete his user account at any time via the corresponding functional area of the Website.

(1) Upon successful registration, the Customer receives the status "Newcomer", which provides access to public catalogues and basic Website functions.

(2) For access to the full range of services, an extended membership status is required:

• (a) Verified / B2C: Verified private customer with demonstrated interest in concrete projects.
• (b) Partner / B2B: Verified business customer (interior designer, architect, developer, design studio). Entitled to unlimited catalogue downloads, receipt of manufacturer net price lists, and access to 3D models and technical documentation.

(3) The granting of an extended status is carried out manually after review by our managers. Review typically takes place within 48 hours; no claim to the granting of a specific status arises.

(4) During status review, the Customer remains in the status "Pending" with limited functionality.

(5) Closed Club character: Viva Interiors reserves the right to operate membership as selective and curated. No right to admission or status grant arises.

(6) We reserve the right to reduce, withdraw or terminate a member's status without giving reasons, in particular in case of violation of these Terms, abusive use, transfer of access data or confidential brand materials to third parties.

(7) Brand materials made accessible through membership are confidential and may not be shared with third parties, published or commercially exploited without our express written consent, except for use within concrete customer projects of the member.

(1) The presentation of products in catalogues, on the Website and in consulting sessions does not constitute a binding offer but an invitation to submit an enquiry (invitatio ad offerendum).

(2) Customer enquiry: The Customer submits a specified enquiry via:

• (a) the form on the Website — when filling out the form, the Customer expressly declares consent to these Terms and to the Privacy Policy by ticking the corresponding checkbox;
• (b) e-mail to info@viva-interiors.com or to the address of the personal manager;
• (c) messengers (Telegram, WhatsApp) via the Viva Interiors personal manager.

When submitting an enquiry via e-mail or messenger, the validity of these Terms and the Privacy Policy is confirmed textually by the Customer either in the message itself or in the first reply to a message from Viva Interiors.

(3) Offer (Proposal) by Viva Interiors: Based on the enquiry, we prepare a detailed offer with specifications, prices, delivery and payment terms.

(4) Binding period of the offer: Unless otherwise expressly stated in the offer, the offer is valid for 14 calendar days from the date of dispatch.

(5) Acceptance by the Customer: The contract is concluded by the Customer's express written acceptance of the offer and by payment of the agreed down payment pursuant to § 7.

(6) Confirmation of specifications: Upon acceptance of the offer, the Customer expressly confirms:

• (a) the accuracy of all technical specifications;
• (b) acknowledgement of the notice pursuant to § 9 (2) (loss of right of withdrawal for custom-made goods);
• (c) acknowledgement of the estimated delivery time pursuant to § 8.

(7) Contract language: The contract is concluded in the negotiation language chosen by the parties. In case of doubt, the German version of these Terms shall prevail.

(8) Order Release as a precondition for production start: Prior to commencement of production by the manufacturer, in addition to the receipt of the 70% down payment, an additional written Order Release by the Customer is required. With this Order Release the Customer bindingly confirms:

• (a) the final execution (dimensions, materials, colours, surfaces, fittings, upholstery, etc.);
• (b) the accuracy of all technical specifications according to the offer;
• (c) acknowledgement of the notice pursuant to § 9 (2).

Production only commences upon fulfilment of both prerequisites — receipt of the down payment and the written Order Release. The estimated delivery time stated in the offer pursuant to § 8 (2) runs from the later of these two events.

If the Order Release is not granted within 14 days of receipt of the down payment, Viva Interiors is entitled to request confirmation from the Customer.

(9) Storage and access to contract documents: The text of the contract (offer, acceptance, version of the Terms, signed Order Release) is stored by Viva Interiors and made available to the Customer in his user account on the Website for download and archiving.

(1) All prices are quoted in Euros (EUR) and include the statutory Austrian Value Added Tax (currently 20%), unless expressly stated otherwise.

(2) No online payment processing: The Website does not accept direct online payments. All payments are made exclusively by bank transfer (SEPA or international wire transfer) to the Viva Interiors K.G. business account.

(3) Down payment model:

• (a) 70 % down payment upon contract conclusion — The manufacturer commences production only upon receipt of the down payment on our account.
• (b) 30 % final payment before dispatch — Prior to dispatch, we notify the Customer. The final payment is due within 7 calendar days of notification.

(4) Non-receipt of the down payment: If the 70 % down payment is not received within the period specified, the offer shall be deemed not accepted.

(5) Default on final payment and refund of the down payment: If the 30 % final payment is not made within the specified period, Viva Interiors is entitled to withhold dispatch.

In case of payment default exceeding 30 days, Viva Interiors is entitled to withdraw from the contract. The Customer is hereby informed that a refund of the 70 % down payment is regularly not possible in such case: the down payment was forwarded immediately upon receipt to the manufacturer for production financing. A refund is only made insofar as and as soon as the manufacturer refunds the corresponding amounts to Viva Interiors.

The retained down payment — to the extent not refunded by the manufacturer — serves as liquidated damages for the production-related costs incurred, unless higher damages are proven. Consumers retain the right to prove lower damages.

(6) Default interest: In case of payment default, Viva Interiors is entitled to charge statutory default interest pursuant to § 1333 ABGB.

(7) Delivery and shipping costs are stated separately in the respective offer.

(8) Taxes and duties for international transactions: For deliveries outside the European Union, the Customer bears all import duties, customs charges and other local taxes.

(9) Retention of title: The goods remain the property of Viva Interiors or the respective manufacturer until full payment.

(1) Delivery times are estimates and depend on the respective production schedules of the manufacturers.

(2) Typical production timeframes:

• (a) Standard production: approx. 60 working days (approx. 12 weeks) from fulfilment of both prerequisites pursuant to § 6 (8);
• (b) Custom orders: approx. 80 to 160 working days (approx. 16 to 32 weeks) from fulfilment of both prerequisites pursuant to § 6 (8).

The specific estimated delivery time is expressly stated in the offer.

(3) Delivery times as forecasts: A delivery time is binding only if expressly marked as "binding" or "fixed" in the offer.

(4) Obligation to inform promptly: If Viva Interiors becomes aware of a delay, we promptly inform the Customer of:

• (a) the expected duration of the delay;
• (b) the reasons (insofar as known to us);
• (c) the new forecast delivery date.

(5) Tolerable delivery delays: Delivery delays caused by the manufacturer, by material shortages, force majeure or other circumstances beyond Viva Interiors' control do not give rise to claims for damages or rights of withdrawal by the Customer, provided the delay does not exceed:

• (a) for standard production: up to 8 weeks beyond the originally stated estimated delivery time;
• (b) for custom orders: up to 12 weeks beyond the originally stated estimated delivery time.

(6) Right of withdrawal upon exceeding the tolerance limit: If the tolerance limit is exceeded, the Customer may, after setting a reasonable additional period of at least 14 days, withdraw from the contract.

In case of such withdrawal: The Customer is hereby informed that a refund of payments already made is only effected insofar as the manufacturer refunds the corresponding amounts to Viva Interiors. Viva Interiors will, within the scope of its possibilities, endeavour to achieve an appropriate solution with the manufacturer in the Customer's interest.

Damages going beyond this are excluded, unless Viva Interiors has acted with gross negligence or intent.

(7) Delivery address: Delivery is made to the address specified by the Customer within the delivery area agreed in the offer.

(8) Default of acceptance: If acceptance of the delivery is delayed for reasons attributable to the Customer, the Customer bears the additional costs arising from the delay.

(9) Transfer of risk: For consumers, the risk passes upon handover to the Customer. For entrepreneurs, the risk passes upon handover to the carrier (§ 429 UGB).

(1) Pre-contract stage: As long as the Customer has not expressly accepted the offer and has not made the down payment, no binding contract exists. The Customer may reject the offer at any time free of charge and without giving reasons.

(2) Notice on loss of the statutory right of withdrawal (consumers):

All goods brokered by Viva Interiors K.G. are commissioned at the respective manufacturers based on individual customer specifications. They therefore qualify as goods made to customer specifications and tailored to the personal needs of the Customer within the meaning of § 18 (1) (3) FAGG.

The Customer is hereby expressly and prior to contract conclusion informed that no 14-day right of withdrawal pursuant to §§ 11 ff. FAGG exists for such goods. By confirming the order specifications and making the down payment, the Customer acknowledges this notice.

(3) Standard catalogue items: If, by way of exception, standard goods without customer-specific adaptations are brokered and the contract is directed at a consumer, the 14-day right of withdrawal pursuant to §§ 11 ff. FAGG applies until dispatch is triggered by the manufacturer.

(4) Business customers (B2B): For customers concluding the contract within the scope of their commercial or self-employed activity, FAGG does not apply. The provisions of UGB apply.

(5) Cancellation after production start: Once the manufacturer has accepted the order for production, cancellation is excluded for production-technical reasons. A refund of the down payment is only made insofar as the manufacturer grants such a refund.

(6) Exchange: Custom-made goods are excluded from exchange.

(7) Complaints regarding defects: Complaints regarding defective condition remain unaffected and are governed by § 11.

(1) The delivered goods remain the property of Viva Interiors or the respective manufacturer until full payment of the purchase price including all ancillary claims.

(2) For transactions with entrepreneurs (B2B), an extended retention of title applies.

(3) The Customer is obliged to handle goods subject to retention of title with care and to sufficiently insure them against loss and damage (theft, fire, water).

(4) In case of attachment or other third-party interference with the property rights, the Customer must notify Viva Interiors immediately in writing.

(5) In case of breach of contract by the Customer, Viva Interiors is entitled, after setting a reasonable period, to withdraw from the contract and demand the return of the goods.

(1) Statutory warranty: The statutory provisions of §§ 922 ff. ABGB apply, as well as — for consumers — the provisions of KSchG. The statutory warranty period is 2 years from handover of the goods (§ 933 ABGB).

(2) Duty to inspect and notify of defects: For deliveries to entrepreneurs (B2B), § 377 UGB applies. The entrepreneur must inspect the goods immediately upon receipt and notify obvious defects within 5 working days.

(3) Remedy of defects:

• (a) Viva Interiors initially has the right to repair or replace the goods.
• (b) If repair or replacement fails or is impossible, the Customer may demand price reduction or rescission.

(4) Manufacturer warranty: In addition to the statutory warranty, manufacturers regularly grant their own warranty obligations for their products, typically between 1 and 3 years depending on the manufacturer and product category.

Viva Interiors hands over to the Customer with delivery all warranty documents (warranty cards, certificates, care instructions, authenticity certificates). Warranty claims must be asserted directly against the respective manufacturer; Viva Interiors supports the Customer in communication with the manufacturer within the scope of its possibilities.

The manufacturer warranty exists independently alongside the statutory warranty against Viva Interiors and does not limit it in any way.

(5) Limitation of liability towards entrepreneurs (B2B):

• (a) Viva Interiors is liable to entrepreneurs only for intent and gross negligence. Liability for slight negligence is excluded.
• (b) In case of gross negligence, liability is limited in amount to the respective order value.
• (c) Liability for lost profits, indirect damages, consequential damages and pure financial losses is excluded towards entrepreneurs.

(6) Liability towards consumers: Towards consumers, Viva Interiors is liable according to the statutory provisions, in particular KSchG, ABGB and PHG.

Liability for slight negligence towards consumers is limited to contract-typical, foreseeable damages, unless personal injury, damage under PHG or breach of essential contractual obligations is involved.

(7) Force majeure: Viva Interiors is not liable for non-performance or delay of services caused by force majeure, in particular:

• (a) natural events (earthquakes, floods, extreme weather events);
• (b) wars, terrorism, political unrest;
• (c) pandemics or officially ordered quarantine measures;
• (d) strikes and lockouts affecting Viva Interiors or the manufacturers;
• (e) supply chain disruptions, energy crises, material shortages of global scale;
• (f) sovereign measures (sanctions, export restrictions);
• (g) other unforeseeable events outside Viva Interiors' sphere of influence.

If the duration of force majeure exceeds three months, either party is entitled to withdraw from the contract.

(8) Exclusion of liability for third-party content: Viva Interiors passes on catalogue data, technical drawings, 3D models, dimension specifications, colour representations and material descriptions as provided by the manufacturer. Viva Interiors assumes no own warranty for the accuracy and completeness of such third-party content.

(9) Limitation period for damages claims:

• (a) Damages claims of entrepreneurs (B2B) expire by limitation within 2 years from knowledge of the damage and the person liable.
• (b) Damages claims of consumers (B2C) expire by limitation according to statutory provisions (§ 1489 ABGB — regularly 3 years).

(1) Website content: All content on the Website (texts, designs, logos, graphics, images, software, databases) is protected by copyright.

(2) Manufacturer materials: Catalogues, price lists, technical data sheets, installation instructions, 3D models, visualisations and brand photography are copyrighted material of the respective manufacturers.

(3) Usage rights of the member: Verified members are granted a personal, non-exclusive, non-transferable and revocable right of use, exclusively for the following purposes:

• (a) information about the product range within project planning;
• (b) preparation of offers, presentations and visualisations for own clients;
• (c) selection and ordering of products via Viva Interiors.

(4) Prohibited uses: In particular, the following are prohibited:

• (a) sharing, publishing or commercial exploitation of materials by or to third parties outside of the member's concrete projects;
• (b) provision of materials in publicly accessible databases, cloud storage or file-sharing platforms;
• (c) use of brand names, logos and brand CI for own marketing purposes without express written consent of the respective manufacturer;
• (d) systematic extraction (scraping, mining), reproduction or indexing of the Website;
• (e) circumvention of access restrictions or transfer of access data to third parties.

(5) Legal consequences: In case of breach, Viva Interiors is entitled to terminate the membership without prior notice and to revoke the right of use.

(6) After termination of membership: Upon termination, all usage rights automatically expire. The Customer undertakes to delete downloaded materials.

(1) Data protection: The collection, processing and use of personal data is carried out in accordance with GDPR and DSG. Detailed information is available in the Privacy Policy at viva-interiors.com/privacy.

(2) Data security: Viva Interiors takes appropriate technical and organisational measures (TLS encryption, password hashing, access controls).

(3) Amendments to these Terms: Viva Interiors reserves the right to amend these Terms at any time, in particular:

• (a) for adaptation to changes in legislation or supreme court rulings;
• (b) for expansion or adaptation of the scope of services;
• (c) for closing regulatory gaps or eliminating ambiguities.

(4) Notification of amendments: Registered Customers are informed of significant amendments at least 30 calendar days before they take effect by e-mail.

(5) Right of objection: If the Customer does not object within the 30-day period, the amendments are deemed accepted.

(6) Objection and its consequences: If the Customer objects, Viva Interiors is entitled to terminate the business relationship at the earliest possible time.

(1) EU Online Dispute Resolution platform: The European Commission provides a platform for online dispute resolution (ODR), available at: ec.europa.eu/consumers/odr.

(2) Viva Interiors' e-mail address for complaints: info@viva-interiors.com

(3) Willingness to participate in dispute resolution procedures: Viva Interiors is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

(4) Direct contact recommended: Before initiating arbitration or court proceedings, it is recommended to contact Viva Interiors directly.

(1) Applicable law:

• (a) Austrian law applies to all contracts between Viva Interiors and its Customers, excluding the conflict-of-laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• (b) For contracts with consumers who have their habitual residence in another EU member state, protection by mandatory provisions of the law of the respective residence state pursuant to Art. 6 Rome I Regulation remains unaffected.

(2) Jurisdiction:

• (a) For consumers (B2C): Statutory provisions apply, in particular § 14 KSchG.
• (b) For entrepreneurs (B2B): The exclusive place of jurisdiction for all disputes is the competent court in Vienna, Austria.

(3) Written form: All notifications and declarations require text form (e-mail is sufficient).

(4) Severability clause: If individual provisions of these Terms are wholly or partially invalid, the validity of the remaining provisions remains unaffected.

(5) Contract language and prevailing version: These Terms are provided in German, Russian, English and Ukrainian. The German version is legally binding; the translations serve information purposes only.

(6) Date: These Terms are valid in the version of 23.05.2026.