These Terms of Service govern all contracts, appointments, and service engagements concluded between Clutter Calm Dwelling (hereinafter referred to as “the Provider”, “we”, “us”, or “our”) and the consumer or commercial client (hereinafter referred to as “the Client”, “you”, or “your”) regarding whole-home organization planning and physical implementation services. By booking our services via www.cluttercalmdwelling.com, you agree to be bound by these terms. Any conflicting or divergent terms from the Client are explicitly rejected unless expressly agreed to in writing.
Service Description and Booking Process
Nature of Service: We provide physical residential organization planning, spatial arrangement, and on-site implementation services.
Booking and Deposit: Services are booked via our website through an advance appointment deposit system. The booking process constitutes an offer by the Client to conclude a service agreement.
Contract Formation: The contract is formally concluded only when the Provider issues a written confirmation of the appointment or commences the execution of the services.
Scope Definition: The exact parameters of the organization project are established during the initial assessment and confirmed in the service order description.
Pricing, Deposit, and Payment Terms
Pricing Structure: All prices displayed on our website are denominated in Euros (EUR) .
Deposit Requirement: To secure an on-site appointment, a non-refundable or partially refundable deposit (as specified at checkout) must be paid in advance via our approved payment processing systems.
Final Balance: The remaining balance for the services rendered is due immediately upon the completion of the on-site implementation phase, payable through the designated electronic payment methods in Euros (EUR).
Default of Payment: In the event of payment default, statutory default interest and reminder fees apply in accordance with German civil law.
Cancellation, Rescheduling, and Withdrawal Rights
Statutory Right of Withdrawal: If you contract our services as a consumer (Verbraucher) pursuant to Section 13 of the German Civil Code (BGB) via remote communication, you hold a statutory right to withdraw from the contract within 14 days without giving any reason, provided the service execution has not fully taken place with your explicit prior consent and acknowledgment.
Client Rescheduling and Cancellation: Appointments may be rescheduled or canceled free of charge up to 48 hours prior to the scheduled start time. Cancellations made within less than 48 hours may result in the retention of the booking deposit to cover operational resource allocation.
Client Obligations and Cooperation
Access and Workspace: The Client shall ensure unimpeded access to the designated property and rooms at the agreed appointment time.
Valuables and Hazardous Materials: The Client is strictly responsible for securing all valuable items, sensitive documents, cash, jewelry, and hazardous substances prior to the commencement of the organization work.
Information Accuracy: The Client warrants that all information provided regarding the property size, condition, and requirements is accurate to facilitate proper service execution.
Limitation of Liability and Warranties
Operational Diligence: The Provider performs all organization and planning services with customary professional care and diligence.
Limitation of Damages: The Provider’s liability for damages—regardless of the legal basis—shall be limited to cases of intentional misconduct (Vorsatz) and gross negligence (grobe Fahrlässigkeit). In cases of ordinary negligence, the Provider is liable only for the breach of essential contractual obligations (Kardinalpflichten), limited to the foreseeable damage typical for the contract type.
Exclusions: The Provider assumes no liability for pre-existing structural defects, wear and tear of Client property, or loss of items that were not properly secured by the Client prior to the service.
Data Protection (GDPR Compliance)
We process personal data collected from the Client strictly in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Data is utilized exclusively for the fulfillment of the contract, appointment scheduling, and communication purposes. Detailed information regarding data rights is available in our separate Privacy Policy.
Governing Law, Jurisdiction, and Severability
Applicable Law: These Terms of Service and all legal relationships between the Provider and the Client shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Place of Jurisdiction: To the extent permitted by mandatory European consumer protection laws, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered business location of the Provider in Germany.
Severability Clause: If any provision of these terms is found to be invalid, illegal, or unenforceable by a competent court or regulatory authority, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the original clause.
