Terms and Conditions

§ 1 General, definitions, services
(1) The provider Janos-art.zone (hereinafter: provider) mainly offers coaching services in the form of mentorships in the fields of art, digital art, concept art & design to customers (hereinafter: customers).
(2) The scope of the services is determined by the agreement between the customer and the provider. The provider does not give any guarantee of success in terms of content or time. A specific result at the customer is not owed. Information on promised successes in the consultation only serve to motivate the customer.
(3) If the requirements change significantly in the course of further cooperation, the parties shall clarify together how the scope of services and the costs are to be adjusted. This clarification takes place before the provider provides additional services.
(4) The provider provides the services to entrepreneurs and consumers. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract
(1) The contract is concluded when the customer places an order with the provider by accepting the provider’s offer by confirming it by email or by transferring the agreed fee. The customer can choose from different packages for the mentorship.
(2) The text of the contract is stored by the provider in compliance with data protection regulations.

§ 2a Conclusion of contract when purchasing via the online shop
(1) The customer submits a binding request to the provider when the customer has placed the selected (digital) products/services in the shopping cart, goes to the checkout and places the order after accepting the terms and conditions, data protection declaration and cancellation policy by clicking on the button “Buy now”.
(2) The contract is concluded when the provider has sent the customer an order confirmation by e-mail. The text of the contract is stored by the provider in compliance with data protection regulations.

§ 3 Obligations of the customer
(1) The customer assures that the information entered by him or transmitted or made available to the provider is true and does not infringe the rights of third parties. If the content transmitted by the customer infringes the rights of third parties, e.g. from copyright, competition law or protection of legitimate expectations, the customer shall indemnify the provider from any third-party claims. This exemption includes claims for damages, injunctive relief and information, as well as the necessary costs of legal defense.
(2) The customer assures to only provide truthful information and to keep it up to date.
(3) The customer assures that he is not currently using any consulting services from the provider's competitors. This can significantly affect the outcome of a service provided by the Provider.
(4) The customer is obliged to cooperate in such a way that the provider can provide its services smoothly and on time.
(5) The customer acknowledges that the provider does not provide medical, psychological, tax or legal advice.

§ 3a Retention of title
The delivered goods remain the property of the provider until full payment has been made.

§ 4 Rejection of customers / termination of the consultation
(1) The provider is entitled to temporarily or permanently reject customers if the customer violates the contractual obligations.
(2) The provider reserves the right to delete content transmitted by the customer if it violates legal provisions or these General Terms and Conditions. If the customer's data is deleted, there is no right to have the stored data restored.
(3) The provider is entitled to terminate a consultation if the customer reacts negatively. If the customer breaks off the consultation, the fee will not be reimbursed.




§ 5 Term, termination for Mentorships
(1) The term of a mentorship is 3 months and is extended by one month at a time if it is not terminated with a notice period of four weeks to the end of the month.
(2) The right to extraordinary termination for important reasons remains unaffected.
(3) The termination must be in text form to be effective. The receipt of the declaration of termination is decisive for the time of termination.

§ 6 Payment modalities
(1) The prices stated in the offer at the time the contract was concluded apply. The prices include VAT, unless otherwise stated. The customer makes the payment to the provider. Payment is made by bank transfer or using the means of payment offered in the online shop, unless otherwise agreed.
(2) Payment is due in advance. The provider is entitled to withhold the service before receipt of payment.
(3) In the event of default in payment, the provider is entitled to demand default interest in accordance with the statutory provisions or to withdraw from the contract.

§ 7 Dates / postponement
Should the provider not be able to attend an appointment due to illness or reasons of force majeure, the fee will be waived or an alternative date will be offered at the choice of the provider.

§ 8 Warranty
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB (German civil code). For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(2) If the customer is an entrepreneur, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery, in order to preserve the customer's claims for defects. The defective items are to be kept ready for inspection by the Provider in the condition they were in at the time the defect was discovered.

§ 9 Confidentiality
(1) "Confidential information" is all information, files and documents about business transactions of the other party that come to its knowledge.
(2) Both parties undertake to maintain secrecy about the other party's confidential information and to use it only for the implementation of this contract and the purpose pursued with it.
(3) Both parties undertake to impose the duty of confidentiality on all employees and/or third parties who have access to the aforementioned business transactions.
(4) The confidentiality obligation according to paragraph 2 does not apply to information
a) which were already known to the other party when the contract was concluded,
b) which had already been published by the respective party at the time of disclosure, without this resulting from a breach of confidentiality by the other party,
c) which the other party has expressly released in writing for disclosure,
d) which the other party has lawfully received from other sources without restrictions affecting confidentiality, provided that the disclosure and use of this confidential information does not violate contractual agreements, statutory provisions or official orders,
e) which the other party has developed itself without access to the Confidential Information of the customer,
f) which must be disclosed due to legal information, notification and/or publication obligations or official orders.

§ 10 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) Liability for lost profits is excluded for entrepreneurs.
(4) The provider does not give any guarantee of success in terms of content or time. A specific result at the customer is not owed. Information on promised successes in the consultation only serve to motivate the customer. In the event of a breach of the customer's obligation to cooperate, the provider's liability is excluded.
(5) The restrictions of paragraphs 1 to 4 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

§ 11 Data protection
(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties if consent has not been given or this is necessary for the execution of the contract.
(2) The customer assures that he has obtained the consent of the third party when entering personal data and releases the provider from any claims in this regard.
(3) The rights of those affected by the data processing result in particular from the following standards of the GDPR:
• Article 7(3) – Right to withdraw consent under data protection law
• Article 15 - Right of access of the data subject, right to confirmation and to be provided with a copy of the personal data
• Article 16 – Right to rectification
• Article 17 – Right to erasure (“right to be forgotten”)
• Article 18 – Right to restriction of processing
• Article 20 – Right to data portability
• Article 21 – Right to object
• Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to lodge a complaint with a supervisory authority
(4) In order to exercise the rights, the person concerned is asked to contact the provider by e-mail or, in the event of a complaint, the responsible supervisory authority.
(5) Reference is made to the data protection declaration on the provider's website. If the communication takes place via a video conference provider, their data protection regulations apply in addition.

§ 12 Copyrights of the provider
(1) Content created by the provider and transmitted to the customer remains the intellectual property of the provider. This means that they may not be reproduced by the customer or passed on to third parties, unless with the express consent of the provider.
(2) The rights of use are not granted exclusively and are subject to the condition of full payment of the remuneration.

§ 13 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 14 Final provisions
(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The place of jurisdiction is the registered office of the provider if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.
(3) By placing the order, the customer agrees to the applicable general terms and conditions of the provider.
(4) Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining General Terms and Conditions shall not be affected. The invalid provision should be replaced by a provision that comes as close as possible to the will of the parties within the scope of what is legally possible. The same applies in the event of a loophole.

Status: April 2022